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THE 
 
 GOVERNMENT OF THE PEOPLE 
 
 OP THE STATE OP 
 
 COLO E ADO 
 
 BY 
 
 J. S. yOUNG, A.M. 
 
 Professor of American HistorYjAnd Government, Colorado State 
 
 Normal School ; formerly Asst. 'State Superintendent 
 
 OF Public Instruction for Colorado. 
 
 New York and Philadelphia 
 
 Hinds, Noble & Eldredge 
 
 ! ! !;/ UY 
 

 
 '% 'K 
 
 /' 
 
 /\ii(,?'j~\ 
 
 Entered, according to Act of Congress, in the year 1897, by 
 
 ELDREDGE & BROTHER, 
 
 in the Office of the Librarian of Congress, at Washington. 
 
 »- 
 
 "WESTCOTT & THOMSON, 
 ELECTKOTYPEKS, PHILADA. 
 
 -« 
 
 J I -IK) )i :) 
 
 VI I B >i^ \ V 1 14 {] 
 YSiA'li'f I.I 
 
In the preparation of this work, the aim lias been, not to present a 
 hand-book of condensed facts, but through interest and suggestion, 
 to stimulate the desire for individual investigation. In accordance 
 with this view, the school library should be provided with the Session 
 Laws, issued by the Secretary of State, since 1887. In this connection 
 a set of Mills' Annotated Statutes (3 vols.) and a, set of Hall's History 
 of Colorado (4 vols.) will prove valuable aids. The teacher and pupils 
 should make a collection of primary, convention and election calls, 
 official ballots, blanks used by various officers and the official reports of 
 State and local officers. 
 
 The pupil should be led to discover the principles of government by 
 his o^vn thought and labor. To assist and direct in this work numerous 
 references have been given to the Constitution. In the study of gov- 
 ernment nothing can take the place of the Constitution. 
 
 To use the "Studies" profitablj', will require much conscientious 
 preparation on the part of the teacher. The instructor should encour- 
 age intelligent observation of all those things with which the citizen 
 has to do in every-day life. 
 
 That knowledge of government is valueless which does not inspire 
 the pupil, at the proper time, to the performance of civic duties ; which 
 does not lead him to realize that obedience to authority is the funda- 
 mental basis of patriotism. 
 
 Criticisms, suggestions and questions that may occur to teachers who 
 use this book will be received in the professional spirit. 
 
 The author desires to express his obligations to Professor N. M. Fen- 
 neman, his colleague, at whose suggestion this book was undertaken, 
 and to others who have kindly aided with advice and information. 
 
 For the purpose of uniformity, the plan and portions of the text of 
 this book are similar to those in other works of the series of which it is 
 a part. 
 
 J. S. Y. 
 
 Oreeley, Colorado. 
 
 State Normal School,! 
 
CHAPTER PAGE 
 
 I. Introduction . . 5 
 
 II. HisTOEicAi Sketch or Colorado 9 
 
 III. The State Government 28 
 
 IV. Local Government 58 
 
 V. Taxation 71 
 
 VI. Public Education 77 
 
 VII. Benevolent, Penal and Reformatory Institutions . 87 
 VIII. Elections .... . . .93 
 
 The Constitution op the State of Colorado . ... 102 
 
 Appendix ... . 148 
 
 Index 151 
 
 ILLUSTEATIO]S"S. 
 
 William Gilpin, First Governor of Colorado Territory . 9 
 
 Map of Colorado Territory' in 1861, showing Acquisitions . 10 
 
 John L. Routt, First Governor of the State op Colorado . 19 
 
 Irrigating a Wheat Field .... ... 21 
 
 Placer Mine near Alma 23 
 
 The Royal Gorge on the Arkansas River 25 
 
 The Great Seal of the State of Colorado 28 
 
 The Capitol at Denver . ... 33 
 
 Arapahoe County Court-House, Denver 59 
 
 City Hall, Denver 67 
 
 High School, East Denver 77 
 
 State Normal School, Greeley 83 
 
THE 
 
 CIVIL GOVERNMENT 
 
 or 
 
 COLORADO. 
 
 CHAPTER I. 
 
 INTRODUCTION. 
 
 1. "A State is apolitical community of free citizens 
 occupying a territory of defined boundaries, organized 
 under a government sanctioned and limited by a written 
 constitution, and established by the consent of the people. 
 Each State or Commonwealth maintains a republican 
 form of government, which is guaranteed by the United 
 States." 
 
 In an analysis of the above definition the following 
 points are prominent : 
 
 (1) The Land, 
 
 (2) The People, 
 
 (3) The Laws, 
 
 (4) The Government. 
 
 The civil government of Colorado, or of any State, must 
 consider the people as an organized unit, having a desig- 
 nated abode ; and as having officers chosen to enact and 
 administer laws according to the will of the people. The 
 objects of civil government are (1) to secure justice and 
 (2) to advance the interests of the common weal. 
 
 2. The Land. — In this age, wandering tribes, held to- 
 gether by an identity of interests only, do not constitute 
 
 5 
 
6 THE CIVIL GOVERNMENT OF COLOR Al>0. 
 
 a State. Since the introduction of agriculture the people 
 have become more and more attached to some particular 
 locality. A fixed abode has fostered the home and family 
 sentiment. The land, then, as the theatre of the people's 
 activities, is one of the permanent elements of the State. 
 The name Colorado designates not only the political or- 
 ganization of free citizens, but also the land comprised 
 within certain specified limits.' 
 
 The character of the land — its fertility, resources, loca- 
 tion and extent — determines the occupations of the people. 
 The occupations of the people, together with their former 
 training, determine the form of government for the State. 
 
 A State with fertile soil and favorable climate, exten- 
 sive forests of timber, and vast stores of minerals, requires 
 a form of government and special laws that will regulate 
 agriculture, lumbering and mining. The special laws of 
 a State containing a navigable river will probably pertain 
 to commerce. 
 
 The chief resources of Colorado are (1) fertile soil and 
 (2) a great variety of minerals. These resources indicate 
 the occupations of the people, and the occupations in turn 
 indicate the special character of the laws of the State. 
 
 3. The People. — The habits and customs of the people, 
 their former political training and education, modified by 
 the physical environment, indicate the peculiar form of 
 laws which a free State will possess. Many States con- 
 tributed to the pioneer population of Colorado. The 
 Middle States east of the Mississippi, especially central 
 and southern Illinois, furnished the largest number, hence 
 the political ideas of the people from those States have 
 been re-enacted in this State. 
 
 Even after the government has been organized the sub- 
 sequent laws at any given time will depend on the train- 
 ing, temper and needs of the people who constitute the 
 
 ' See Conslilution, Art. I. 
 
INTRODUCTION. 7 
 
 citizenship^ of the State. The laws of Colorado differ 
 from those of Massachusetts; those of California, from 
 those of Iowa. They differ because the people have dif- 
 ferent needs, and have different ideas concerning laws. 
 
 It is necessary to study the history of the people as a 
 basis for any work on civil government. 
 
 4. The Laws. — The laws of Colorado are either enacted 
 directly by the people or indirectly by the representatives of 
 the people. The people enact the organic or fundamental 
 law of the State. This law is called the Constitution. It 
 describes the fratnework of the government, the powers 
 and duties of officers and the rights of the people. The 
 Constitution can be changed only by the will of the peo- 
 ple ; no officer can change it. 
 
 The Constitution provides for its own amendment by 
 the people, that it may be adequate for the constantly 
 widening demands of society. 
 
 Throughout the Constitution' such expressions as, " un- 
 less otherwise provided by law " and " as shall be provided 
 by law " occur frequently. In this way authority is given 
 to the General Assemblj' to enact laws indirectly for the 
 people. These are called statutory laws. They must not 
 conflict with the organic law enacted directly by the peo- 
 ple. Statutory law, especially that enacted by the first 
 General Assembly, is very important. Many of these 
 laws provide for the regulation of mining, irrigation, agri- 
 culture and stock-raising, for, next to the freedom of the 
 people, these are the subjects of greatest importance. 
 
 The laws of the State are constitutional law, the statu- 
 tory laws, the interpretation of the courts, and that which 
 cannot be expressed in written form — the character of the 
 people. It should be understood that back of the laws, 
 to give them authority, and back of the government to 
 make it efficient, is the will of the people. 
 
 5. The Government. — By means of the ballot the peo- 
 ple elect representatives or officers. Theoretically, officers 
 
8 THE CIVIL GOVERNMENT OF COLORADO. 
 
 are only individuals in the State ; practically, however, 
 while invested by the people with civil authority they 
 constitute the government. The government is concerned 
 with enacting, administering and interpreting laws. While 
 acting as the government, officers are held strictly respon- 
 sible for their official acts. They may be impeached and 
 tried for malfeasance in office. 
 
 6. The Constitution and the laws of Colorado must not 
 conflict with the Constitution and the laws of the United 
 States ; but the government of the State is supreme within 
 its sphere. Questions of National policy often overshadow 
 local questions, but home government in the school dis- 
 trict, in the county and in the State has more to do than 
 National government in matters connected with the home, 
 the family, and the daily life of the citizen.' Through a 
 thorough understanding of local affairs the citizen more 
 readily comprehends the needs of the National govern- 
 ment. Active participation in the government of small 
 local units should be the watchword of every citizen. It 
 is only in this way that this will be " a government of the 
 people, by the people, and for the people." 
 
 ' " It will not be denied that the State government touches the citizen 
 and his interests twenty times, where the National government touches 
 him once." — James A. Garfield. 
 
 "An American may, through a long life, never be reminded of the 
 Federal government, except when he votes at presidential or congres- 
 sional elections, lodges a complaint against the post-office, and opens his 
 trunk for a customhouse officer on the pier at New York when he re- 
 turns from a tour in Europe. His direct taxes are paid to officials act- 
 ing under State laws. The State, or a local authority constituted by the 
 State statutes, registers his birth, appoints his guardian, pays for liis 
 schooling, gives him a share in the estate of liis father deceased, mar- 
 ries him, divorces him, entertains civil action against him, declares him 
 a bankrupt, hangs him for murder. The police that guard his house, 
 the local boards wliich look after the poor, control highways, impose 
 water rates, manage schools— all these derive their legal powers from 
 the State alone." — Bryce's American Commonwealth. 
 
William Gilpin, Fikst Governor of Colorado Territory. 
 
 CHAPTER II. 
 
 HISTORICAL SKETCH OF COLORADO. 
 
 Geneeal Description of Coloeado. 
 
 7. CoLOEADO is one of the highest States in the Union, 
 being situated partly in the great plain of the Mississippi 
 valley, and partly in the Rocky Mountain region, between 
 latitude 37° and 41° north, and longitude 102° and 109° 
 west from Greenwich. Its length from east to west is three 
 hundred and eighty miles ; its width from north to south 
 is two hundred and seventy-five miles. In area (103,925 
 square miles) it ranks as the fifth State in the Union. 
 
 The territory included in this vast area was acquired 
 by the United States in three tracts : the territory north 
 
HISTOS.ICAL SKETCH OF COLORADO. 11 
 
 of the Arkansas River and east of the summit of the 
 Rocky Mountains was purchased from France in 1803 ; 
 that south of the Arkansas River and east of the Rio 
 Grande was purchased from Texas in 1850; the remain- 
 der o^the State was acquired by the Mexican cession of 
 1848.' 
 
 Discovery and Explokation. 
 
 8. In 1540 Coronado, a Spaniard, set out from Santa Fe 
 in search of the seven cities of Cibola.'' He reached these 
 cities, but found the stories about gold to be false. The 
 natives directed him eastward. His account relates that 
 he reached latitude 40° north, somewhere on the south- 
 ern boundary of Nebraska. This explorer is supposed to 
 have been the first white man within the present limits 
 of Colorado. 
 
 In 1776 another Spanish exploring expedition, under 
 the command of Escalante, set out from Santa Fe, with 
 the intention of exploring a route from Santa Fe to the 
 coast of Upper California. This company traversed the 
 western part of Colorado through the territory of the Cliff- 
 dwellers ^ north to where the White River enters Utah. 
 
 9. The next account of exploration in this territory is 
 that of Lieutenant Zebulon M. Pike. The vast territory 
 known as Louisiana had been transferred by Napoleon to 
 the United States in 1803. This territorj' was an unknown 
 land. The government at Washington was desirous of 
 having it explored. Lieutenant Pike was sent out to ex- 
 plore the source of the Red River. In 1806 he beheld 
 
 ' For a history of these acquisitions see any standard United States 
 History. 
 
 '' The Indians reported to the Spaniards that to the northward were 
 located seven cities comparable in size to the City of Mexico, These 
 cities were supposed to be very wealthy in gold and silver. 
 
 ' In the south-western part of Colorado there are found the remains 
 of an extinct race, known as the Cliff-dwellers. 
 
12 THE CIVIL GOVERNMENT OF COLORADO. 
 
 the stately peak which now bears his name. In his diary 
 he thus refers to it : " This mountain was so remarkable 
 as to be known to all the savage nations for hundreds of 
 miles around, and to be spoken of with admiration by 
 the Spaniards of New Mexico, and was the bounds of their 
 travels north-west." 
 
 10. A second expedition was fitted out by the govern- 
 ment in 1820, and placed under the command of Col. 
 Stephen Long. In the early summer he reached and fol- 
 lowed up the South Platte River, and discovered the giant 
 peak to which his name has been given. Col. Long care- 
 fully examined the territory from Long's Peak to Pike's 
 Peak. His report to the government described most of 
 the territory west of the Missouri River as a desert. As a 
 result of this report no more exploring expeditions were 
 sent out by the government until 1842. 
 
 11. Col. John C. Fremont, the illustrious '' Pathfinder," 
 had charge of the expedition of 1842. Upon his arrival at 
 California Crossing (Julesburg) he sent a detachment of 
 his forces to Fort Laramie. With the rest of his com-- 
 mand, he proceeded up the South Platte to Fort St. Vrain, 
 a trading-post seventeen miles east of Long's Peak, and 
 one hundred miles north of Pike's Peak. He turned 
 north and explored the country beyond the limits of Colo- 
 rado. In 1843 Fremont made surveys of the country 
 north and south of the Divide and mapped out the 
 main geographical features of Colorado. 
 
 None of these explorers knew for a certainty that there 
 was gold in this region, although Fremont's reports bore 
 testimony to the mineral character of the country. 
 
 Eaely Settlements and Discovery of Gold. 
 
 12. Trappers, hunters and scouts are the forerunners 
 of builders of forts ; the builders of forts and the de- 
 fenders of the frontier blaze the way for a subsequent 
 civilization. The early work of such scouts and guides 
 
HISTORICAL SKETCH OF COLORADO. 13 
 
 as Carson, the Bents, the St. Vrains, Bridger and Miix- 
 well guided those who followed them and whose genius 
 for civilization has builded an empire. 
 
 The first place in Colorado for the habitation of white 
 persons was a stockade built by Lieutenant Pike for winter 
 quarters in 1806-7, near the present town of Cafion Cit}' on 
 the Arkansas River, He also established a block house in 
 the San Luis valley. In 1826 the Bent brothers and Ceran 
 St. Vrain, who were experienced trappers and traders in 
 the service of the American Fur Company, erected a rude 
 trading-post nearly midway between Canon City and Pueblo 
 on the north bank of the Arkansas River. 
 
 In 1828 the Bents moved to a point a few miles east 
 of the present town of Las Animas and erected a structure 
 whicli was known as Fort William in honor of Colonel 
 William Bent. 
 
 In 1854, after the destruction of Fort William, Col. 
 Bent built another fort several miles west of the original 
 fort. This was leased to the government in 1859. In 1860 
 Col. Sedgwick, aided by Col. Bent, began the construction 
 of a fort at the mouth of the Purgatoire River. This was 
 first named Fort Wise, in honor of Governor Wise of Vir- 
 ginia, but subsequently the name was changed to Fort 
 Lyon. 
 
 13. About 1840 a settlement was made on the present 
 site of Pueblo by Charles Bent, Lupton, and St. Vrain. 
 They also made a settlement thirty miles above, at Hard- 
 scrabble. Fort Massachusetts was established in the San 
 Luis valley in 1852. It was dismantled in 1858, but was 
 rebuilt and called Fort Garland. 
 
 14. In 1858, on the banks of the Platte a few miles above 
 Denver, a settlement was made and named Montana City. 
 The same year a party of nine selected the east side of 
 Cherry Creek, near its mouth, for a town site, and gave it 
 the name of St. Charles. About the same time another 
 company selected the west side of Cherry Creek for a town 
 
14 THE CIVIL GOVERNMENT OF COLORADO. 
 
 site, and named it Auraria. The name of St. Charles was 
 soon changed to Denver in honor of the governor of the 
 Territory of Kansas. An intense rivalry existed between 
 Denver and Auraria (West Denver) until 1860, when the 
 two towns were consolidated under the name of Denver. 
 The first settlers came to Boulder county in 1858. South 
 Park, Golden, Colorado City, Boulder, and Russellville 
 were settled in 1859. 
 
 15. A party of Cherokee Indians, in 1852, on their way 
 from Georgia to California, discovered gold in a small 
 tributary of the Platte. Exciting reports of gold induced 
 many persons to leave their homes in the East for the 
 Pike's Peak country. In 1858, W. Green Russell of Geor- 
 gia prospected for gold along Cherry Creek and the Platte. 
 His search was rewarded by finding gold in paying quan- 
 tities. John H. Gregory, in 1858, discovered rich veins of 
 gold in the region about Black Hawk and Central City. 
 The news of the gold discovery having been confirmed, the 
 Pike's Peak country soon became filled with prospectors 
 looking for wealth. 
 
 Attempts at Government. 
 
 16. The population of the Pike's Peak country was of 
 a cosmopolitan character. All elements were represented ; 
 but the Anglo-Saxon genius for government soon asserted 
 itself. The first effort at local government is to be found 
 in the courts which administered justice. 
 
 On the plains, the People's courts held sway ; in the 
 mountains, the Miners' courts had jurisdiction. 
 
 In the People's courts persons accused of crime were 
 tried by hastily improvised assemblies of the people them- 
 selves acting as a jury, presided over by a judge selected 
 for the purpose. The accused person was assigned an 
 attorney to defend him and was given a fair trial. 
 
 The Miners' courts acted under a different organization. 
 Pursuant to a public call all the miners of a district met, 
 
HISTORICAL SKETCH OF COLORADO. 15 
 
 organized the district, elected a president, judge, sheriff, 
 collector and surveyor for the ensuing year, prescribed 
 their powers and duties, and enacted a " Miners' code." 
 The court was responsible to the Miners' Meeting. A case 
 not settled by the courts was carried directly to the 
 Miners' Meeting, from which there was no appeal. The 
 judicial machinery of the People's and the Miners' courts 
 was not extensive, but the decisions were usually on the 
 side of justice. 
 
 17. A large portion of what is now Colorado was in- 
 cluded in the original Territory of Kansas, but the Kansas 
 officials restricted their operations to the eastern part of the 
 Territory, and the government of the Pike's Peak country 
 was neglected. A convention of people, acting as citizens 
 of Kansas, was held at Auraria in November, 1858, and a 
 county formed and named Arapahoe, after a neigliboring 
 tribe of Indians. The convention elected Hiram J. Gra- 
 ham as delegate to Congress and Andrew J. Smith as 
 representative to the Kansas legislature. Graham was 
 instructed to petition Congress to form the county of 
 Arapahoe into a Territory. Smith was to endeavor to 
 secure a seat in the Kansas legislature and to have the 
 organization of Arapahoe county confirmed. The efforts 
 of both these gentlemen were fruitless, except that the 
 county of Arapahoe was confirmed by the Kansas legis- 
 lature. 
 
 18. As the population was constantly' increasing, an 
 established form of government became indispensable. 
 On April 11, 1859, a mass meeting was held at Auraria. 
 At this meeting it was determined to hold a delegate 
 convention. This convention, held April 15th, determined 
 on " the formation of a new and independent State of the 
 Union." At a delegate convention on the first Monday 
 in June, the work of drafting a Constitution was entrusted 
 to eight committees. These committees were empowered 
 to prepare the Constitution and present it for considera- 
 
16 THE CIVIL GOVERNMENT OF COLORADO. 
 
 tion to a larger convention to be held the first Monday 
 in August. At this convention in August a Constitution 
 was completed which was to be submitted to the people 
 for acceptance or rejection. On September 4th the Con- 
 stitution was rejected by a large majority. 
 
 19. On Monday October 3d, Beverley D. Williams was 
 elected to memorialize Congress to organize the Pike's 
 Peak country. Delegates were elected at the same time 
 to form a Provisional Territorial Government. The del- 
 egates chosen entered upon their work with earnestness. 
 The new Constitution was called the "Organic Act of 
 the Territory of Jefferson." On Monday October 24th, 
 officers were elected for the Territory of Jefferson. Robert 
 W. Steele was chosen governor. The newly elected legis- 
 lature met and formally received the message of Governor 
 Steele, and enacted a full criminal and civil code. A con- 
 test between the Kansas officials of Arapahoe county and 
 the officials of the Territory of Jefferson was waged for 
 supremacy. The Kansas officials finally ceased to have 
 more than a nominal existence. The Provisional Gov- 
 ernment continued until the Territory of Colorado was 
 organized. 
 
 COLOEADO AS A TERRITORY. 
 
 20. The Territory of Colorado' was organized by an act 
 of Congress approved February 28, 1861. The act provided 
 for the appointment of a governor and other Territorial 
 officers, including judges of the Territorial supreme court. 
 The Territorial legislature consisted of a Council and a 
 House of Representatives. 
 
 21. In 1861 the Federal officers arrived, and on May 
 29, 1861, civil government in Colorado, under the authority 
 of the National government, was regularly established. 
 
 ' Colorado takes its name from the Colorado River. This river was 
 so named from the color of the water; Colorado being the Spanish 
 name for red. 
 
HISTORICAL SKETCH OF COLORADO. 17 
 
 William Gilpin was the first governor of tlie Territory. 
 Soon after assuming office he made a tour of the settle- 
 ments to acquaint himself with their needs. At all points 
 of this journey he was given an ovation, for the people 
 felt secure when under the strong arm of the Federal 
 government. Gilpin has been called the " Founder of 
 Colorado." When asked what he was doing in the West, 
 he invariably replied, "I am founding an empire." He 
 lived to see his statement verified. 
 
 In compliance with the provisions of the act organ- 
 izing the Territory a census was taken ; the population 
 was found to be 25,329. The Territorial supreme court 
 was established July 10, 1861. On July Uth the gov- 
 ernor issued a proclamation declaring the Territory one 
 congressional district, and this was divided into nine 
 council and thirteen representative districts. On August 
 19th, Hiram P. Bennett was elected delegate to Congress, 
 and on the same day the members of the Territorial leg- 
 islature were elected. The legislature convened Septem- 
 ber 9th. Full civil and criminal codes were adopted ; 
 in mining legislation the authority of the Miners' courts 
 was recognized, and provision was made for the transfer 
 of cases from the Miners' courts to the Federal courts. 
 The first legislature deserves great praise for its efficient 
 work. 
 
 Governor Gilpin organized the first regiment of Colorado 
 infantrit, which was placed under the command of Col. 
 John P. Slough. The Texan invasion of 1862 was repelled 
 by this force. During this year a strong tide of immigra- 
 tion set in. 
 
 22. Governor Gilpin was succeeded by Dr. John Evans 
 in April, 1862. During 1862-3 two regiments of Colorado 
 cavalry were raised. They won renown in their move- 
 ments in Missouri against the Confederates commanded 
 by General Price. In 1863 a branch telegraph line was 
 completed from California Crossing (Julesburg) to Denver. 
 
 2— Col 
 
18 THE CIVIL GOVERNMENT OF COLOMADO. 
 
 During this year there was a great boom in the mining busi- 
 ness. In the spring of 1864 the Indians of the plains com- 
 bined to exterminate the whites. They attacked coaches 
 and wagon trains, massacred the inmates of exposed 
 settlements, and scalped and mutilated helpless women 
 and children. At Sand Creek, about twenty miles north- 
 east of Lamar, Col. Chivington, with a body of United 
 States troops, attacked a party of seven hundred Chey- 
 ennes and completely annihilated them. 
 
 23. In 1864 the Colorado legislature petitioned the 
 thirty-eighth Congress to pass an " enabling act" providing 
 for the admission of Colorado as a State. The enabling 
 act was passed by Congress, but the Constitution prepared 
 by a convention under the authority of the enabling act, 
 when submitted to a vote of the people was rejected, in 
 October, 1864. 
 
 24. In 1865 there was another outbreak of the Indians, 
 which was quelled by United States troops.' In this year 
 another Constitution was framed by a convention and 
 adopted by a vote of the people. At this time Congress 
 was not disposed to admit Colorado as a State. An exi- 
 gency arose,— Congress needed the services of another rep- 
 resentative and two senators to assist in the impeachment 
 of President Johnson. Another enabling act was passed, 
 but it was vetoed by President Johnson. 
 
 25. Alexander Cummings succeeded John Evans as 
 governor in October, 1865. During his administration 
 Colorado enjoyed unusual prosperity. On May 27, 1867, 
 Alexander C. Hunt became governor; he was succeeded by 
 Edward M. McCook, June 15, 1869. 
 
 26. In 1870 the Denver Pacific railway was completed 
 to Cheyenne, to intersect with the Union Pacific ; the Kan- 
 
 ' The early history of Colorado is replete with the records of heroic 
 struggles with the Indians. The massacre of Nathan C. Meeker is a 
 disgraceful blot on the Induin policy of the National government. 
 
HISTORICAL SKETCH OF COLORADO. 
 
 19 
 
 sas Pacific also reached Denver from Kansas City during 
 this year. During this and the succeeding year, successful 
 settlements were made at Greeley, Longmont and Colo- 
 rado Springs. Soon after, many successful colonies were 
 planted in the San Juan region. 
 
 Samuel H. Elbert succeeded Edward M. McCook as gov- 
 ernor in 1873, but McCook was re-appointed in 1874. A 
 bitter factional fight was waged among the members of the 
 Republican party on account of the frequent change of 
 Territorial governors. It was finally settled by the ap- 
 pointment of John L. 
 Routt as governor, 
 March 29, 1875. 
 
 Through the efforts 
 of Jerome' B. Chaffee, 
 delegate to Congress, 
 a third enabling act 
 was passed in 1875 
 providing for the ad- 
 mission of Colorado as 
 a State. 
 
 Colorado as a State. 
 
 27. The admission 
 of new States into the 
 Union is provided for 
 by the Constitution of the United States, but the condi- 
 tions and mode of admission are left to be prescribed by 
 Congress.' 
 
 The act enabling Colorado to become a State was ap- 
 proved by President Grant, March 3, 1875. On Monday, 
 October 25, 1875, an election was held for delegates to form 
 a State Constitution. The constitutional convention assem- 
 bled Monday, December 20th, in the city of Denver. It 
 
 John L. Eodtt, Fikst Governor of the 
 State of Colorado. 
 
 See Thorpe's Course in Civil Oovernment, page 61. 
 
20 TBE CIVIL GOVERNMENT OF COLORADO. 
 
 completed its work in eightj'-six days.' There were thirty- 
 nine members in the convention. To their honor be it 
 said, partisan political feeling was for the time quieted. 
 The convention wrought earnestly, honestly and patriot- 
 ically for the future of Colorado. 
 
 The convention issued an address to the people, which 
 deserves to rank as a State paper of high order. The Con- 
 stitution was submitted to a vote of the people July 1, 
 ISTB.' The majority in its favor was 11,381, which was 
 duly certified to the President by Governor John L. Routt. 
 President Grant issued his proclamation declaring Colo- 
 rado a State of 'the Union, August 1, 1876.^ Thus was 
 Colorado, " The Centennial State," ushered into the sister- 
 hood of States during the celebration of the one hundredth 
 anniversary of the Republic. 
 
 Resources of Coloeado. 
 28. " The plains east of the mountains constitute about 
 one-third of the total area, the remainder, in the middle, 
 being mountains and parks, and the western, high mesa 
 lands. The greater portion of the mesas can be cultivated 
 if sufficient water can be brought over them for purposes 
 of irrigation. The park and mountain region is, in general, 
 too elevated for agriculture, but may be extensively util- 
 
 ' This was the third attempt at State government. The first was 
 defeated by a vote of the people ; the second by tlie veto of President 
 Johnson. 
 
 ■^ The Constitution of Colorado is among the longest of the State 
 Constitutions. One excuse for the number of articles of the Constitu- 
 tion is, that Colorado has many separate and distinct sets of interests. 
 Only a careful study of the instrument can reveal its excellence. 
 
 ^ The first State election was held in October, 1S76 ; John L. Routt 
 was elected governor. In November, Thomas M. Patterson was elected 
 representative to Congress. The first General Assembly convened at 
 Denver, Wednesday, November 1, 1876. On November 14th the Gen- 
 eial Assembly elected Jerome B. Chaffee and Henry M. Teller United 
 States senatoi-s. 
 
22 THE CIVIL GOVERNMENT OF COLORADO. 
 
 ized for pasture ground for cattle, horses and sheep. The 
 plains east of the mountains, which are all arable lands, 
 can be made productive, and in a great man}' portions are 
 producing large crops of cereals under systematic irriga- 
 tion. Considerable portions of river and creek bottoms 
 and uplands can be cultivated without irrigation. Sixteen 
 thousand square miles of the State are covered by forests. 
 The mineral lands located along the mountain slopes 
 cover a large extent, although the aggregate of productive 
 areas may not embrace many square miles. Four-fifths 
 of the State has an elevation of 4000 to 10,000 feet. 
 The lowest elevation on the eastern border is 3703 feet, 
 and on the western 4435 feet. Along the foot-hills the 
 average is 6500 feet. In the "principal parks it ranges 
 from 8000 to 9500 feet. The summit of the main range 
 averages about 11,000 feet. Seventy-two peaks rise to 
 heights ranging between 13,500 and 14,500 feet above 
 the level of the sea. The- highest mountain is Mount 
 Blanca, which has an elevation of 14,483 feet.'" 
 
 Because of the peculiar climatic conditions, the native 
 grasses will nourish live-stock every month in the year. 
 The live-stock industry is a source of great wealth ; Colo- 
 rado is peculiarly adapted to sheep-raising. The oil-fields 
 of Colorado are among the most productive of any State 
 in the Union ; there are also mountains of iron, granite, 
 marble and building stone, the value of which is unsur- 
 passed. Zinc, lead and copper are plentiful. 
 
 Colorado leads the other States in the production of the 
 precious metals— gold and silver ; but the production of 
 silver has been greatly reduced since the repeal of the 
 silver-purchasing clause by Congress. Every quality of 
 coal abounds in the State; in this respect Colorado is 
 a second Pennsylvania. Owing to the fertility of the 
 soil and the perfected system of irrigation, Colorado is 
 
 ' From an article prepared by Prof. P. H. N'an Diest for Hall's 
 
 History of Colorado. 
 
mz^m'^m^j^'-m-': ■^- ■' '-"^ 
 
 ' ~ ni^. . -3 
 
24 THE CIVIL GOVERNMENT OF COLORADO. 
 
 fast becoming a producer of the finest grains, fruits and 
 vegetables. In no portion of the West is irrigation, the 
 science of modern agriculture, better understood or more 
 thoroughly developed than in Colorado.' 
 
 The natural scenery of this State is more varied, beauti- 
 ful and wildly picturesque than that of any country in the 
 world. 
 
 The Fotuee of the State. 
 
 29. Since Colorado became a State in 1876, its history 
 has been one of progressive development. The intelli- 
 gence, the enterprise, and the moral earnestness of the 
 people have imprinted the stamp of an advanced civiliza- 
 tion on the character of the State. In accordance with 
 the true American idea, the church accompanies the 
 school. Vigorous churches of all denominations and an 
 able ministry are keeping step with other forces which are 
 rapidly telling for true stability and growth. 
 
 What shall be the future of our State? That future 
 depends on the men and women, the boys and girls of 
 to-day. It is they who make the State. Throughout the 
 wide world there is no other land so full of opportunities 
 as our own. We are free to make our institutions ideal 
 in their perfection. But our civil institutions depend on 
 the citizen for their strength and character. He makes 
 the government in school district, county, State and 
 Nation. His interests are entrusted to public servants of 
 his own choosing. Upon him fall both th© responsibilities 
 and the blessings of free government. 
 
 At the fireside we hear the story of Washington and 
 Lincoln; in school we learn of the making of the States 
 
 1 The following table is interesting : 
 
 Acres farmed by irrigation (1895 ) 2,100,000 
 
 Value of products per irrigated acre . . . . |14. 
 
 Value of products of irrigated lands . . . $29,000,000 
 
 Value of products of lands not irrigated .... $1,500,000 
 
The Royal Gorge on the Arkansas River, Colorado. 
 
26 THE CIVIL GOVERNMENT OF COLORADO. 
 
 and of the Nation ; we learn the nature of the State, its 
 organization and its administration. We leave school, and 
 enter upon the active duties of life ; then our influence is 
 for or against good government — we hinder or we promote 
 the general welfare. Many years ago a child of five years 
 became King of France. Until he was old enough to 
 take upon himself the cares of his kingdom his guardians 
 ruled in his name. On the day when he became of age 
 his minister inquired of him, " Sire, to. whom shall I now 
 report?" "To me," replied the king, " I am the State." 
 And in this country, when a youth enters upon his man- 
 hood years, he may well say, " I am the State. Its inter- 
 ests, its honor, its history, are mine also." 
 
 Popular government on a vast scale is for the first time 
 on trial in this country'. It is upon the individual citizens 
 that its destiny depends. The work of good government 
 is our work. " With malice toward none ; with charity for 
 all ; with firmness in the right, as God gives us to see the 
 right, let us strive on to finish the work we are in." And 
 we may then confidently expect the blessings of Provi- 
 dence to rest upon the State of Colorado. 
 
 PROMINENT EVENTS IN THE HISTORY OF COLO- 
 RADO. 
 
 1540. Expedition of Coronado. 
 1776. Expedition of Escalante. 
 1806. Discovery of Pike's Peak. 
 1806-7.' Stockade built at CaHon City. 
 1820. Expedition of Col. Stephen H. Long. 
 • 1828. Fort William erected. 
 1840. Settlement made at Pueblo. 
 1842-3. Expedition of Col. John C. Fremont, the " Pathfinder," a 
 
 preparation for the surveys of the Pacific Railroad, 
 1852, Gold discovered. 
 
HISTORICAL SKETCH OF COLORADO. 27 
 
 1858. Settlements made at St. Charles and Auraria. 
 Arapahoe County organized. 
 
 1859. Golden, Colorado City, Boulder, and Eussellville settled. 
 Organization of Jefferson Territory. 
 
 1860. St. Charles and Auraria consolidated under the name of 
 
 Denver. 
 
 1861. Territory of Colorado organized. 
 
 1862. Texan invasion repelled. 
 
 1864. Battle of Sand Creek. 
 
 First Enabling Act passed by Congress. 
 The Constitution formed under the authoritj; of the first 
 Enabling Act rejected by the people. 
 
 1865. Second Enabling Act passed by Congress and vetoed by 
 
 President Johnson. 
 
 1875. Third Enabling Act passed by Congress. Approved by 
 
 President Grant, March 3d. 
 1875-6. Constitutional Convention assembled December 20, 1875, 
 and adjourned after a session of eighty-six days. 
 
 1876. Constitution approved by the people, July 1st. 
 
 1876. Proclamation of President Grant declaring Colorado a State 
 of the Union, August 1st. 
 
 REFERENCE BOOKS. 
 
 The following list of books is appended for the use of those who desire 
 to make an extended study of the history of Colorado : 
 
 Hall's History of Colorado. 
 
 Boyd's History of Greeley and the Union Colony. 
 
 Bancroft's Nevada, Colorado and Wyoming. 
 
 Corbett's Legislative Marnud. 
 
 Fossett's Colorado. 
 
 Dana's The Great West. 
 
 IngersoU's Crest of the Continent. 
 
 Ealph's Our Great West. 
 
 Kichardson's Beyond the Mississippi. 
 
 Taylor's Colorado. 
 
 Vickers' History of Denver. 
 
The Gbeat Seal op the State of Colokado. 
 
 CHAPTER III. 
 
 THE STATE GOVERNMENT. 
 
 30. The Citizen. — According to the provisions of the 
 fourteenth amendment to the Constitution of the United 
 States, " All persons born or naturalized in the United 
 States and subject to the jurisdiction thereof, are citizens 
 of the United States and of the State wherein they reside." 
 From this it follows, that citizens are either native born or 
 naturalized. Hence, every person now residing in Colorado 
 who fulfills either of these two conditions is a citizen of this 
 State. 
 
 A citizen is a member of the community ; he may or may 
 not have the right to vote, but in either case he is pro- 
 tected by the government in his civil rights, and therefore 
 owes allegiance to the State. The citizen's duty toward 
 the State includes: (1) Unqualified obedience to the laws 
 of the State ; (2) A giving up of part of his means for the 
 support of the government by paying taxes ; (3) Support 
 28 . 
 
THE LEGISLATIVE DEPARTMENT. 29 
 
 of the government by force of arms should necessity 
 require it. 
 
 31. The Elector.— An elector is a citizen who has the, 
 right of suffrage. The elector has all the obligations of the 
 citizen, and in addition, he has the right of voting, which 
 is a trust. The abuse of the right to vote is a menace to 
 good government. To vote wisely and conscientiously is 
 to promote the general welfare. The framers of our State 
 Constitution did not give all citizens the right to vote, but 
 provided safeguards for the right of the elective franchise.' 
 At the general election in 1893, by the authority of the 
 State Constitution, the right to vote at all elections, and to 
 hold office, was extended to women.^ 
 
 32. Departments of the Government.— The govern- 
 ment of Colorado, hke that of the other States, is vested in 
 three departments— the Legislative, the Executive, and the 
 Judicial — among which are distributed all powers which 
 the people desire to have exercised by the government.' 
 
 The Legislative Department. 
 
 33. The Legislative Power. — While the three depart- 
 ments — the law-making, law-explaining and law-enforcing 
 — are necessary to the existence and continuance of the 
 government, the legislative, or law-making, is of prime 
 importance, for laws must be enacted before they can be 
 explained and enforced. All the laws of the State of' 
 Colorado are made by the legislative department. The 
 governor of the State participates in legislation when he 
 approves or vetoes a bill. Any law which is not in har- 
 mony with the Constitution of the United States and with 
 that of the State may be declared void by the judicial 
 department. 
 
 ' See Art. Vfl. Since the Constitution is the source from which a 
 knowledge of government is gained, it is constantly referred to in con- 
 nection with the text. 
 
 ' See AH. VII. Sect. 2. ' See Art. IIL 
 
30 THE CIVIL GOVERNMENT OF COLORADO. 
 
 The legislative power of Colorado is vested in a General 
 Assembly, or Legislature, consisting of a Senate and a 
 House of Representatives.' 
 
 34. The General Assembly. — Members of the General 
 Assembly '' are chosen by the electors at the general State 
 
 1 See Art. V. Sect. 1. 
 
 2 The Con.stitution originally provided that the General Assembly 
 should consist of seventy-five members, i. e. twenty-six senators and 
 forty-nine representatives, but it empowered the General Assembly 
 to increase this number after the year 1890, provided that the aggregate 
 number should never exceed one hundred (see Art. V. Sect. 4^). Under 
 this authority in 1891 the membership of the General Assembly was 
 increased to one hundred, viz. thirty-five senators and sixty-flve repre- 
 sentatives, apportioned as follows : 
 
 Senatorial Districts. — First, Arapahoe county, 6 senators; 
 second, Pueblo, 2 ; third, Douglas and El Paso, 2 ; fourth, Las Ani- 
 mas, 1 ; fifth, Boulder, 1 ; sixth. Lake, 1 ; seventh. Weld, 1 ; eighth, 
 Jefferson, 1 ; ninth, Fremont, 1 ; tenth, Larimer, 1 ; eleventh, Pitkin, 
 1 ; twelfth, Clear Creek, 1 ; thirteenth, Rio Blanco, Eoutt, Grand, and 
 Summit, 1 ; fourteenth, Costilla, Huerfano, and Custer, 1 ; fifteenth, 
 Saguache, Bio Grande, Hinsdale, and Mineral, 1 ; sixteenth, Gunni- 
 son, Delta, and Mesa, 1 ; seventeenth, Montrose, San Miguel, and 
 Dolores, 1 ; eighteenth, Ouray and San Juan, 1 ; nineteenth. La Plata 
 and Montezuma, 1 ; twentieth, Cliaffee and Park, 1 ; twenty-first, Gar- 
 field and Eagle, 1 ; twenty-second, Cheyenne, Lincoln, Kit Carson, 
 Elbert, and Arapahoe, 1 ; twenty-third, Otero, Kiowa, Bent, Prowers, 
 and Baca, 1 ; twenty-fourth, Archuleta and Conejos, 1 ; twenty-fifth, 
 .Sedgwick, Morgan, Logan, Washington, Yuma, and Phillips, 1 ; 
 twenty-sixth, Gilpin, 1 ; twenty-seventh, Pueblo and Huerfano, 1 ; 
 twenty-eighth. Park and Lake, 1. 
 
 Representative Apportionment.— Arapahoe county, 13 ; Pue- 
 blo, 4 ; El Paso, 3 ; Boulder, 3 ; Lake, Las Animas, and Weld, 2 
 each ; Fremont, Chaffee, Clear Creek, Costilla, Conejos, Custer, Doug- 
 las, Eagle, Garfield, Gilpin, Gunnison, Huerfano, Jeffenson, La Plata, 
 Larimer, Mesa, Otero, Ouray, Park, Pitkin, Saguache, San Miguel, 1 
 each ; Conejos and Archuleta, jointly 1 ; Hinsdale and San Juan, 
 jointly 1 ; Kiowa, Baca, and Prowei-s, jointly 1 ; Las Animas and 
 Bent, jointly 1 ; Dolores and Montezuma, jointly 1 ; Routt and Eio 
 Blanco, jointly 1 ; Yuma, Morgan, and AVashingtou, jointly 1 ; Logan, 
 Sedgwick, and Phillips, jointly 1 ; Grand and Summit, jointly 1 ; Fre- 
 
THE LEGISLATIVE DEPARTMENT. 31 
 
 election on the first Tuesday after tlie first Monday in 
 November of each even-numbered year (1896, '98), and 
 serve, the representatives for two years and the senators 
 for four years, from the first Wednesday of December 
 after their election.' Should a vacancy occur in either 
 house, a special election to fill the vacancy is ordered 
 by the governor.'^ 
 
 The General Assembly meets in regular session, at 12 
 o'clock, noon, in the Capitol building, in Denver, on the 
 first Wednesday of January following the election. The 
 Constitution provides that no session of the General As- 
 sembly shall exceed ninety days. At the discretion of tlie 
 governor, special sessions of the General Assembly may 
 be convened on extraordinary occasions, and the Senate 
 may be convened in special session by the governor for 
 the transaction of executive business.^ 
 
 Joint sessions, in which both houses unite and act as 
 one, are held for the election of United States senator ; for 
 the determination of a contested election of a State officer ; 
 and for canvassing the vote for State officers. 
 
 The General Assembly elects two citizens to represent 
 the State in the Senate of the United States, and for elec- 
 tion purposes it divides the State into judicial, representa- 
 tive, senatorial and congressional districts.* 
 
 The laws enacted by the General Assembly deal with 
 the subjects which concern the residents of the State both 
 
 mont and Chaffee, jointly 1 ; Kit Carson and Cheyenne, jointly 1 ; 
 Elbert and Lincoln, jointly 1 ; Montrose and Delta, jointly 1 ; Eio 
 Grande and Mineral, jointly 1. 
 
 ' For qualifications of members of the General Assembly see Art. V. 
 Sect. 4. 
 
 ' See Art. V. Sect. S. ^ See Art. IV. Sect. 9. 
 
 * There are two congressional districts in Colorado, as follows : 
 
 1. The counties of Larimer, Boulder, Weld, Morgan, Logan, Wash- 
 ington, Sedgwick, Phillips, Yuma, Arapahoe, Jefferson, Park, and Lake. 
 
 2. The remaining forty-three counties of the State. 
 
32 THE CIVIL GOVERNMENT OF COLORADO. 
 
 in their relations to the State and to the community in 
 which they live, and in their every-day actions and busi- 
 ness relations with one another. They provide for the gov- 
 ernment of counties, cities, towns and school districts ; for 
 the organization and procedure of the courts ; for the estab- 
 lishment and support of schools and benevolent institu- 
 tions ; for the prevention and punishment of crime ; for the 
 levying of taxes to defray the expenses of the State gov- 
 ernment; for the qualifications of electors and the conduct 
 of elections ; for the formation and regulation of railroad, 
 manufacturing, mining, business and other corporations ; 
 for the legal relations of husband and wife and of parent 
 and child ; for buying and selling houses, lands and goods, 
 and for the due fulfillment of all lawful contracts that may 
 be made b^' residents of the State. It is seen, therefore, 
 that the real function of State law is to guide, to restrain 
 and to protect the citizen in most of his undertakings.' 
 
 35. The House of Representatives. — The number of 
 members of the House of Representatives varied in the dif- 
 ferent legislatures until 1891, when the General Assembly 
 fixed the number at sixty-five.'' These are apportioned 
 among the representative districts of the State, according 
 to their population. Each member is chosen by the elec- 
 tors of the representative district in which he is elected. 
 
 The House of Representatives has the sole right to insti- 
 tute impeachment proceedings against State officers charged 
 with misdemeanors " and to originate bills for raising rev- 
 enue.* 
 
 36. The Senate. — The senatorial districts are made by 
 combining counties, except in the case of counties having 
 unusually large populations, when the county is made the 
 district. This is the case with eleven counties. The num- 
 ber of senators in each district is determined by the popu- 
 
 ' See Art. V. for the provisions of the Constitution relating to the 
 General Assembly. ' See note 2, page 30. 
 
 '' See Art. XII f. Seel. 1. * See Art. V. Sect. SI. 
 
34 THE CIVIL GOVERNMENT OF COLORADO. 
 
 lation. In forming a district no county may be divided. 
 In 1891 the State was divided by the General Assembly 
 into twenty-eight senatorial districts.' Each senator is 
 chosen by the electors of the senatorial district in which 
 he is elected. 
 
 In every even-numbered year the terms of one-half of 
 the senators expire and their successors are elected. By 
 this provision of the Constitution, one-half of the senators 
 are " hold-overs," or persons with legislative experience. 
 
 All cases of impeachment of State officers charged with 
 crimes and misdemeanors in office are tried by the Senate." 
 Most of the appointments to office inade by the governor 
 require the consent of the Senate. 
 
 37. Organization of the Two Houses. — Each house 
 elects its own officers, except that the lieutenant-governor is 
 ex-officio president of the Senate. He is not a member of that 
 body and votes only in case of a tie. The Senate elects one 
 of its own members as president pro tempore, who acts as 
 president when the lieutenant-governor is absent. 
 
 The presiding officer in the House is called the speaker, 
 who votes as a member. 
 
 Among other officers and employes of each house are 
 clerks, who have charge of bills ; the sergeant-at-arms, who 
 keeps order and compels the attendance of absent mem- 
 bers, when so ordered by the house ; the doorkeepers, who 
 guard the doors; the chaplain, who opens the sessions 
 with prayer ; and the pages, who wait on members while 
 the house is in session. 
 
 38. Committees. — An important part of the legislative 
 work is done by committees. The usual subjects of State 
 legislation fall into about thirty classes or groups ; such as 
 judiciary, finance, ways and means, railroads, education, 
 federal relations, etc. 
 
 Committees having charge of these subjects are called 
 
 ' See note 2, page 30. » See Art. XIU. Sect. 1. 
 
THE LEGISLATIVE DEPARTMENT. 35 
 
 standing committees, because they have charge of a given 
 class of subjects during the entire session. The commit- 
 tees are formed early in the session, by election in the 
 Senate and by appointment by the speaker in the House. 
 
 A committee of conference is appointed in each house 
 when differences arise between the two houses. The bus- 
 iness of a committee of conference is to endeavor to har- 
 monize these differences. 
 
 There are also special committees appointed when neces- 
 sary, which have particular subjects' or bills referred to 
 them for a special report. 
 
 The committees exercise a guiding influence in legis- 
 lation by deciding what bills are worthy of serious con- 
 sideration by the members. The work of the various com- 
 mittees in examining, and either approving, modifying 
 or rejecting the different bills, greatly facilitates the trans- 
 action of business by the General Assembly, which usu- 
 ally acquiesces in the conclusions of its committees.' 
 
 39. How Laws are Made. — The method of making 
 laws by the General Assembly of Colorado is essentially 
 the same as by the Congress of the United States.^ 
 
 All proposed laws, except for raising revenue, may orig- 
 inate in either house in the form of bills. No bill may 
 be amended or changed during its passage so as to alter 
 its original purpose. A bill on being introduced into either 
 
 ' Should either house desire that any matter should be considered by 
 the whole house rather than by a committee, the house sits as a '' com- 
 mittee of the whole." When so sitting the discussion is more informal 
 than in the regular sessions of the house and is not restricted by the 
 rules which apply to the regular sessions. When sitting as the com- 
 mittee of the whole, the house is presided over by a chairman ap- 
 pointed by the regular presiding officer, to serve for that occasion only, 
 and matters are considered as they would be by a committee, rather 
 than as they would be considered in a regular session of the house. 
 The committee of the whole hears and considers bills on their second 
 reading. 
 
 2 See Art. V. Sects. 17-S3. 
 
36 TBE CIVIL GOVERNMENT OF COLORADO. 
 
 house must be read by title and referred to the appropriate 
 committee ; after its return from the committee it is printed, 
 and must be read at length on two different days. If a 
 bill is materially amended it is ordered reprinted. When 
 any changes or amendments to a bill are made in the other 
 house the bill must be returned for approval to the house 
 in which it originated. Before a bill is declared passed, it 
 must have a majority vote of all the members of each 
 house; the final vote on the bill must be taken by the 
 ayes and noes, and "the names of those voting, and how 
 they voted, be entered on the journal. 
 
 Every bill passed by both houses is signed by the speaker 
 of the House, and by the president of the Senate in the 
 presence of the members, and is then sent to the governor. 
 If he signs the bilj., it becomes a law, and is filed with the 
 secretary of State for safe-keeping. If the governor does 
 not approve of the bill he vetoes it, that is, he returns it 
 to the house in which it originated with his reasons for 
 objecting to it. If both houses re-pass the bill by a two- 
 thirds vote of all the members, it becomes a law without 
 the approval of the governor. If the governor fails either 
 to sign or to return the bill within ten days after it has 
 been presented to him, it becomes a law unless the Gen- 
 eral Assembly, by adjourning, prevent its return, in which 
 case it becomes a law unless the governor files the bill, 
 with his objections, in the office of the secretary of State 
 within thirty days after the adjournment of the General 
 Assembly.^ 
 
 The Constitution provides that the governor may veto 
 any item or items of a bill making appropriations of 
 money, when the bill embraces distinct items ; the items 
 disapproved are void unless reconsidered and passed in 
 the manner of passing bills over the executive veto. 
 
 A law does not go into effect until ninety days after its 
 
 » See Art. V. Sects. 17-23, Art. IV. Sect. 11. and Art. V. Sect. 39. 
 
THE LEGISLATIVE DEPARTMENT. 37 
 
 passage, unless there is an " emergency clause," which 
 must be voted on separately, and be approved by a two- 
 thirds vote.' Authority is given the secretary of State to 
 collect and have the statutes published. State, district, 
 county and precinct officers are provided with these 
 printed laws gratuitously. 
 
 40. Restrictions on Law-making. — There is a con- 
 stantly increasing tendency on the part of General As- 
 semblies to legislate on a multiplicity of subjects. This dis- 
 position on the part of a legislature prompted the framers 
 of our Constitution to hedge the General Assembly with 
 many limitations. These limitations supplement the re- 
 strictions on State legislation found in the Constitution 
 of the United States. The " Bill of Rights " prohibits the 
 General Assembly from disturbing the individual in the 
 right of "life, liberty and the pursuit of happiness."" 
 Probably the chief reason for so many restrictions being 
 placed around the General Assembly is because responsi- 
 bility for vicious or special legislation is not easily fastened 
 upon individual members.' These restrictions, together 
 with the check which each house exercises upon the other, 
 and the executive veto, materially restrain and circum- 
 scribe the legislative power. 
 
 1 See Art. V. Sect. 19. 
 
 = See Art. IL The " Bill of Eights " enumerated in the United States 
 Constitution (the first ten amendments) is repeated in most of the State 
 Constitutions, since it is held that the limitations in these matters in 
 the Federal Constitution apply only to the Federal government and not 
 to the State governments. 
 
 ' Great pressure is brought to bear upon members of the legislature 
 to pass bills favorable to certain localities, individuals or special interests ; 
 hence, constitutional limitations prohibiting such legislation are a pro- 
 tection to members against undue solicitation in behalf of selfish or 
 local ends. For the specific restrictions on legislative action, see Art. V. 
 
 D 
 
38 THE CIVIL GOVERNMENT OF COLORADO. 
 
 The Executive Department. 
 
 41. The Executive Department consists of seven offi- 
 cers : the governor, the lieutenant-governor, the secretary 
 of State, the State auditor, the State treasurer, the attorney- 
 general and the superintendent of public instruction/ All 
 these officers are elected by popular vote at the general 
 State election, held in even-numbered years. They hold 
 their offices for two years from the second Tuesday in Jan- 
 uary after their election ; ^ their compensation is fixed by 
 law and cannot be increased or diminished during the 
 term for which they are elected. The scope and author- 
 itj' of each of the State officers are carefully defined. The 
 executive officers, witli the exception of the lieutenant- 
 governor, are required to reside at the State capital. 
 
 42. The Governor is the supreme executive officer. As 
 chief e3?ecutive, it is his duty to see that the laws are 
 faithfully executed and to preserve peace and order. He 
 is commander-in-chief of the militia of the State except 
 when it is engaged in the service of the United States; 
 with the consent of the Senate, he appoints the principal 
 officers of the State that are not elected by the people, 
 and the members of the boards of the various State 
 institutions^ except the regents of the State University. 
 He has power to remove any person whom he appoints 
 "for incompetency, neglect of duty or malfeasance in 
 office." He is empowered, under certain restrictions, to 
 fill vacancies that may occur in office.* When occasion 
 requires he issues writs for special elections. He may de- 
 mand fugitives from justice in this State from the exec- 
 utive of any other State, and upon the requisition of the 
 governor of another State may issue warrants for the arrest 
 
 • For the qualifications of State officers see Art. IV. Sect. 4. 
 ' See Art. IV. Sect. 1. For salaries of State officers see Appendix, 
 page 150. 
 
 ' See page 44. * See Art. IV. Sect. 6. 
 
THE EXECUTIVE DEPARTMENT. 39 
 
 of fugitives found in this State. On the recommendation 
 of the board of pardons' he may grant pardons, reprieves, 
 and commutations for crimes except in cases of treason 
 and impeachment. The board of pardons is simply an 
 advisory board. 
 
 In legislation it is the duty of the governor to transmit 
 to the General Assembly, by message, information con- 
 cerning the condition of the State, and to indicate a gen- 
 eral policy of legislation by recommending such measures 
 as he may deem expedient ; he convenes extra sessions of 
 the General Assembly when necessary and has the power 
 to adjourn the General Assembly if the two houses can- 
 not agree as to the time of adjournment; he examines 
 all bills submitted to him by the legislature, signs those 
 which he approves and either allows the others to become 
 laws without his signature or vetoes and returns them to 
 the house in which they originated. 
 
 The power which the governor holds in relation to the 
 legislative and judicial departments of the government be- 
 longs to him peculiarly as chief executive of the State.^ 
 
 43. The Lieutenant-Governor. — The Constitution pro- 
 vides that in case the governor, for any cause or disabil- 
 ity shall be removed, the duties of the office shall devolve 
 upon the lieutenant-governor. In case of the disability 
 of the lieutenant-governor, the duties of the office devolve 
 upon the president pro tempore of the Senate, and after 
 him, upon the speaker of the House. The lieutenant- 
 governor is ex officio the president of the Senate.' He is 
 not a member of the Senate and votes only in case of a tie. 
 
 44. The Secretary of State. — Chief among the duties 
 of the secretary of State is the preservation of State 
 records. All public records, reports, laws and resolutions 
 are enrolled in his office. He publishes the laws and jour- 
 
 >■ See ? 6, page 44. ^ See Art. IV. Sects. 5-lS. 
 
 ' See Art. IV. Sects. 13-15. 
 
40 THE CIVIL GOVERNMENT OF COLORADO. 
 
 nals of the General Assembly, proposed amendments to 
 the Constitution, and the reports of State officers and 
 boards ; he gives notice to the county clerks of State and 
 National elections, of the offices to be filled, and the names 
 of the various nominees certified to him ; he receives the 
 election returns for all offices higher than the county ; the 
 returns for executive State officers he transmits to the 
 General Assembly and the others to the State board of 
 canvassers ; at the direction of the State canvassing board 
 issues certificates of election ; he submits to the decision 
 of the electors all proposed amendments to the Constitu- 
 tion ; he attests all proclamations, commissions and other 
 documents issued by the governor, and as evidence of 
 their authority, stamps them with the great seaP of the 
 State, of which he is the custodian ; he is the purchasing 
 agent and custodian of all stationery and supplies for the 
 General Assembly and State officials; he has charge of 
 the Capitol building ; he issues and keeps a record of the 
 charters of corporations, such as railroad, telegraph, tele- 
 phone, manufacturing and banking companies, colleges, 
 and of private corporations organized for business or for 
 charitable or social purposes ; and he conducts all official 
 communications with other States and with the United 
 States. 
 
 45. The State Auditor issues warrants or orders on 
 the State treasurer for the payment of salaries of State 
 officers, members of the General Assembly, clerks and 
 other employes in State offices, and for all moneys au- 
 thorized by law to be paid by the State treasurer; he 
 makes a semi-annual report to the superintendent of 
 public instruction of the amount of the State school 
 fund, and after this has been apportioned by the super- 
 intendent of public instruction among the various coun- 
 ties of the State, the State auditor issues warrants on the 
 
 1 See page 28. 
 
THE EXECUTIVE DEPARTMENT. 41 
 
 State treasurer for the payment of the same to the various 
 county treasurers ; he issues certificates to insurance com- 
 panies authorizing them to transact business in the State 
 and has general supervision of their business; he may 
 revoke the certificate should a company violate any of the 
 insurance laws of the State. No person may serve as 
 State auditor for two consecutive terms. 
 
 46. The State Treasurer receives and keeps in charge 
 all money belonging to the State not otherwise provided 
 for, and pays out the same upon warrants issued by the 
 State auditor; he countersigns and keeps a record of all 
 warrants issued by the State auditor ; he makes daily and 
 monthly reports to the State auditor of the money received 
 and paid out, and the warrants registered by him ; he is 
 required by law to publish a quarterly report of all moneys 
 received by him, of the places wherein the money is de- 
 posited and the number and amount of every warrant 
 paid by him during the preceding three months; he 
 keeps a separate account of each fund in his charge. 
 His books are subject to examination by a committee 
 appointed by the governor; he is authorized to loan the 
 money of the State, for the benefit of the State, at the 
 highest rate of interest he can obtain with satisfactory 
 security. No person may serve as State treasurer for 
 two consecutive terms. 
 
 47. The Attorney-General is the law ofiicer of the 
 State. It is his duty to defend the State in all suits that 
 may be brought against it, and to prosecute in the proper 
 court any claims made by the State against any person, 
 corporation, other State, or the government of the United 
 States ; he is also required to give official opinions upon 
 legal questions submitted by the governor, the heads of 
 the State departments and various other officers through- 
 out the State on matters relating to their respective offices. 
 
 48. The Superintendent of Public Instruction has 
 general supervision of the public schools of the State ; he 
 
42 THE CIVIL GOVERNMENT OF COLORADO. 
 
 counsels with county superintendents and other school 
 officers and persons in matters involving the welfare of 
 the schools ; his decisions touching the school laws are 
 final until set aside by legal authority or by legislation ; 
 he furnishes county superintendents with lists of ques- 
 tions to be used in examining persons who desire to 
 become teachers in the public schools, and prescribes 
 regulations concerning their use, in order to make the 
 examinations uniform throughout the State ; he appor- 
 tions the public school income fund among the various 
 counties ; he furnishes blanks and forms for the use of 
 subordinate officers and teachers ; he compiles and dis- 
 tributes the State school laws ; he makes a biennial report 
 setting forth the condition of the schools, with suggestions 
 concerning their improvement ; he is ex officio a member 
 of the State land board. State librarian, a trustee of the 
 State normal school and one of the examiners of its can- 
 didates for graduation. 
 
 49. Administrative Boards and Appointed Officers. 
 — A number of State boards have been created from time 
 to time, for the performance of particular duties. These 
 boards and officers are as follows : 
 
 Ex-oFFicio Boards. 
 
 1. The State Board of Canvassers (governor, secretary of 
 State, treasurer, auditor and attorney-general) canvasses the elec- 
 tion returns for the election of all National officers voted for in 
 the State, also the vote for all officers above the county excepting 
 the executive officers of the State.^ 
 
 2. The State Board of Education (superintendent of pub- 
 lic instruction, secretary of State, and attorney-general) makes 
 regulations for the government of the public schools, grants State 
 diplomas which are good for life, to all persons recommended by 
 the State board of examiners, and hears appeals from the decis- 
 
 ' The General Assembly canvasses the election returns for the execu- 
 tive officers of the State. 
 
THE EXECUTIVE DEPARTMENT. 43 
 
 ions of county superintendents. There is no appeal from the 
 decision of this board. 
 
 3. The State Board of Equalization (governor, secretary 
 of State, treasurer, auditor and attorney-general) equalizes assess- 
 ment of property made in the several counties of the State, by 
 adding to or subtracting from the assessment in each county such 
 a percentage as may be necessary to secure a uniform rate of 
 assessment throughout the State, but it has no power to increase 
 or decrease the total valuation for the State as returned by the 
 assessors. 
 
 It is also the duty of this board to assess the telephone, tele- 
 graph and railroad lines of the State for the purpose of taxation, 
 and to make a report of the same to the county clerks of the 
 various counties of the State. 
 
 4. The State Board of Land Commissioners (governor, 
 secretary of State, superintendent of public instruction and the at- 
 torney-general) has charge of all thejands belonging to the State, se- 
 lects and surveys lands granted by the United States, prepares maps 
 of the same, and has power to lease and sell the school-lands. 
 
 5. The State Board of Examiners (composed of such per- 
 sons as the superintendent of public instruction, the presidents of 
 the State University, the State School of Mines, the Agricultural 
 College, and the State Normal School may appoint) prepares ex- 
 amination questions, conducts State examinations of teachers and 
 recommends to the State board of education applicants worthy to 
 receive State diplomas. 
 
 Other State Boards.' 
 
 1. The State Veterinary Sanitary Board. — The duty of 
 this board is to make and enforce such measures as will prevent 
 the introduction and spread of infectious and contagious diseases 
 among stock. 
 
 ■ 2. The State Board of Inspection. — In order to prevent 
 the illegal slaughtering or shipping of cattle, this board appoints 
 and locates cattle inspectors and furnishes them with lists of the 
 various brands registered with the secretary of State. 
 
 ' The members of the various State boards and bureaus are appointed 
 by the governor with the approval of the Senate, except when other- 
 wise indicated. 
 
44 THE CIVIL GOVERNMENT OF COLORADO. 
 
 3. The State Board of Agriculture. — This board is com- 
 posed of the governor of the State, the president of the Agricul- 
 tural College and eight other persons. 
 
 The purpose of this board is to promote the general interests 
 of agriculture in the State. This work is done in connection with 
 that of the Agricultural College. 
 
 4. Tlie State Board of Horticulture consists of six mem- 
 bers appointed by the governor. It has for its object the promo- 
 tion of horticulture, pom.ology, arboriculture and floriculture.' 
 
 5. The Board of Charities and Corrections consists of 
 the governor and six other members appointed by him. It has 
 power to investigate and make suggestions concerning jails, pen- 
 itentiaries, reformatories, reform schools, infirmaries, hoispitals and 
 asylums, wholly or in part supported by the State or its subdi- 
 visions. 
 
 .6. The State Board of Pardons is composed of the gov- 
 ernor and five other members appointed by him. It is the duty of 
 this board to investigate all applications for executive clemency, 
 and to lay the facts before the governor with its recommendation 
 as to what action should be taken. 
 
 7. The Colorado Historical Society is an organization 
 semi-official in character, which has a room assigned to it in the 
 Capitol building, and part of its expenses paid by the State. 
 It has for its object the collection of papers and documents 
 which bear on the history of the West in general and of Colo- 
 rado in particular. 
 
 8. Other State Boards.— The duties of the State board of 
 medical examiners, the State board of health, the State board of 
 pharmacy, the bureau of mines, the coal mine inspector, the State 
 board of arbitration, and the State board of dental examiners are 
 indicated by their titles. 
 
 The Boards op State Institutions. 
 
 1. The public institutions of the State are the University of Colo- 
 rado at Boulder, the State Agricultural College at Fort Collins, the 
 State School of Mines at Golden, the State Normal School at Gree- 
 ley, the School for the Deaf and the Blin d at Colorado Springs, the 
 
 1 On the petition of fifteen owners of orchards the county commis- 
 sioners of any county may appoint a county board of horticulture ; this 
 board consists of three persons and is auxiliary to the State board.' 
 
THE EXECVTtVE DEPARTMENT. 45 
 
 State Industrial School at Golden, the State Home and Industrial 
 School for Girls and the State Home for Dependent and Neglected 
 Children at Denver, the State Penitentiary at Cafion City, the Colo- 
 rado State Reformatory at Buena Vista, the Soldiers' and Sailors' 
 Home at Monte Vista, and the Asylum for the Insane at Pueblo. 
 
 For the management of each of these institutions a board of 
 trustees is appointed by the governor, usually with the consent of 
 the Senate, except in the case of the State university, which ia 
 under the supervision of "The Regents of the University of 
 Colorado," a board of six members, elected by the voters of the 
 State. 
 
 The State Capitol is located at Denver. Its erection is under 
 the direction of a board of Capitol managers. 
 
 Administrative Officers. 
 
 1. The State veterinary surgeon, the State geologist, the State 
 game and fish warden and the dairy commissioner are appointed 
 by the governor. The State measurer of printing and the deputy 
 commissioner of labor statistics are appointed by the secretary of 
 State; the deputy State librarian by the superintendent of public 
 
 ■ instruction ; and the deputy superintendent of insurance by the 
 State auditor. The duties of these officers are indicated by their 
 titles. 
 
 2. The State Engineer and His Subordinates. — There 
 are six water divisions ^ in the State, for each of which a super- 
 intendent of irrigation is appointed at the request of the county 
 commissioners of any county in the division. He sees that the 
 laws relating to the distribution of water are complied with, and 
 he receives and transmits the reports of water commissioners to 
 the State engineer. 
 
 The water divisions for irrigating purposes are subdivided into 
 water districts, and the governor appoints a water commissioner 
 tor each district. The commissioner divides the water among the 
 ditches according to priority of right. The laws are very strin- 
 gent in regard to the use of water. The commissioner has power 
 to arrest any person violating his regulations. 
 
 The State engineer has supervision of the water commission- 
 
 ' These divisions are : 1. South Platte division. 2. Arkansas division. 
 3. Rio Grande division. 4. San Juan division. 5. Grand River division 
 6. Green River division. 
 
46 THE CIVIL GOVERNMENT OF COLORADO. 
 
 ers and superintendents of irrigation, and prescribes regulations 
 governing their duties. He surveys and locates State roads, 
 bridges, ditches and reservoirs. 
 
 Notaries Public. 
 The governor may appoint as many notaries as he thinks neces- 
 sary. A notary is empowered to administer oaths, attest signatures 
 and take depositions and acknowledgments of documents. All 
 such papers, when attested by a notary, are admitted by the courts 
 as legal evidence. 
 
 60. The Militia. — All able-bodied male citizens of the 
 State between the ages of eighteen and forty-five years, 
 who are not exempted by law, belong to the enrolled mili- 
 tia, but they are not called upon to perform military duty 
 unless when in case of war, rebellion, or invasion, a suSi- 
 cient number of volunteers cannot be had. The organized 
 militia is known as the National Guard of the State, and 
 is composed of volunteers from the enrolled militia ; the 
 National Guard is uniformed, armed, and equipped at the 
 expense of the State, and is drilled in conformity with 
 the system employed in the United States army.' 
 
 It is the duty of the National Guard to respond to any 
 call from the governor to aid in suppressing riots, mobs 
 and tumults.' The National Guard at such times is the 
 preserver of peace and good order.^ 
 
 ' See Art. XVII " See § 69, page 03. 
 
 ° In 1S95 the National Guard consisted of one brigade numbering 833 
 men, including officers. The authorized strength of the national guard 
 is 2861 men, including officers. There are 85,000 persons in the State 
 liable to military duty. 
 
THE JUDIOTAL DEPARTMENT. 47 
 
 The Judicial Department. 
 
 51. The Judicial Power of the State is vested in the 
 supreme court and in the court of appeals in the State ; in 
 the district courts in the judicial districts ; in the probate 
 or county courts in the counties ; in the police or munici- 
 pal courts in the cities ; in the justices' courts in the pre- 
 cincts ; and in such other courts as may be created by the 
 General Assembly.^ All courts except the police courts 
 and the justices' courts are known as " courts of record."" 
 
 52. The Supreme Court consists of three judges chosen 
 by the electors of the State to serve for nine years and 
 until their successors are elected and qualified. The judge 
 longest in service is the chief-justice.' In case of a vacancy 
 in the supreme court the governor appoints a judge to fill 
 the vacancy. Three terms of the supreme court are held 
 annually at Denver. 
 
 The supreme, court is authorized to issue various writs, 
 and to hear and determine them, for the purpose of cor- 
 recting abuses and preventing violations of the law. In 
 these cases it decides only on matters of law ; matters of 
 fact are referred to a lower court and are tried by a jury. 
 
 The jurisdiction of the supreme court extends over 
 the entire State and is both original and appellate.^ The 
 
 ' See Art. VI. Sects. 1, 2J^. 
 
 ^ The local courts are described in this chapter in order to give a 
 view of the judicial system as a whole. 
 
 ' For the qualifications of a judge of the supreme court, see Art. 
 VI. Sect. 10. 
 
 * By the jurisdiction of a court is meant its authority to hear and 
 decide cases brought before it. The jurisdiction of a court may be 
 either original, appellate, exclusive or concurrent. 
 
 By the original jurisdiction of a court is meant its authority to hear 
 and decide cases which originate or are first brought to trial in that 
 court. By the appellate jurisdiction of a court is meant its authority to 
 hear and decide cases that have been previously tried in a lower court, 
 and which have been appealed to a higher court for further trial. If 
 
48 THE CIVIL GOVERNMENT OF COLORADO. 
 
 original jurisdiction of the supreme court is its power to 
 decide cases that have not previously been tried by a lower 
 court ; it is exercised in cases of habeas corpus or cases in 
 which persons confined or imprisoned petition the court 
 to decide whether their imprisonment is lawful ;' in cases 
 commanding a lower court, a corporation, or an individual 
 to perform some particular act ; in cases when the election 
 of any person to the office of judge of the supreme, the 
 district or the county court, or of presidential elector is 
 contested ; and in cases in which the constitutionality of 
 any law enacted by the General Assembly is questioned. 
 The supreme court is required to give its opinion on im- 
 portant questions on solemn occasions, when requested 
 either by the governor, the House of Representatives or 
 the Senate. 
 
 The jurisdiction of the supreme court is chiefly appel- 
 late, which is its power to decide cases that have been 
 tried by a lower court and have been appealed to it for 
 final decision. When a case is appealed to the supreme 
 court it is usually on the ground of reasonable evidence of 
 error in the interpretation or application of the law in the 
 previous trial by the lower court. As it is a question of 
 law which is to be decided, a jury is not required. The 
 evidence given in the lower court and a record of the case 
 are submitted to the court in printed form. The opinion 
 of a majority of the judges forms the opinion or decision of 
 the court, which is final, unless the court should reverse its 
 opinion, or unless the case involves the Constitution and 
 
 the law provides that certain classes of suits may be tried only in a 
 certain court, then that court has exclusive jurisdiction in such cases ; 
 if the suits may be begun in any one of two or rtiore courts, then those 
 courts have concurrent jurisdiction. 
 
 A court has ^mai jurisdiction when an appeal from its decisions may not 
 be taken to a higher court. 
 
 ' Each judge of the supreme court has the power to issue writs of 
 haieas corpus. 
 
THE JUDICIAL DEPARTMENT. 49 
 
 laws of the United States, when it may be appealed to the 
 United States courts. The decision of the supreme court 
 either sustains the decision, modifies it, or affirms the 
 error and sends the case back to the lower court for 
 another trial. The decisions of the supreme court are the 
 unwritten laws, and are the precedents for subsequent 
 decisions by both the supreme court and the lower courts. 
 
 The judges of the supreme court appoint a reporter who 
 publishes the decisions of the court, and a clerk who at- 
 tends to the clerical work of the court ;^ they also appoint 
 a committee of three lawyers in each judicial district to 
 examine applicants for a license to practice law. On a 
 favorable recommendation from this committee the court 
 issues a license to the applicant. The clerk of the supreme 
 court keeps a complete list of all the lawyers in the State.^ 
 
 53. The Court of Appeals. — This court was created by 
 the General Assembly in 1891. It was established to re- 
 lieve the supreme court, which constantly had more cases 
 on its docket than could be disposed of promptly. The 
 court consists of three judges appointed by the governor 
 to serve for six years. Their terms of service are so 
 arranged that one judge is appointed every second year. 
 The judge longest in service is the president of the court. 
 Should a vacancy occur in the court of appeals, the gov- 
 ernor appoints a judge to fill the vacancy. The terms of 
 this court are held at the same time as the terms of the 
 supreme court.' 
 
 This court has jurisdiction to review the judgments of 
 inferior courts in all civil cases and in all criminal cases 
 not capital. It has jurisdiction, not final, in cases where 
 the controversy involves a franchise or freehold, or where 
 the construction of the Constitution of the State or of the 
 
 I See § 60, page 5.3. ' See Art. VI. Sects. ^-10. 
 
 ^ The judges of the court of appeals are required to have the same 
 qualiiication as judges of the supreme court. 
 4— Col E 
 
60 THE CIVIL GOVERNMENT OF COLORADO. 
 
 United States is involved. It has final jurisdiction in 
 civil cases when the amount involved is two thousand 
 five hundred dollars or less. Provision is made for the 
 publication of the decisions of this court. 
 
 54. The District Courts. — The State was originally di- 
 vided by the Constitution into four judicial districts. The 
 General Assembly has since increased the number to thir- 
 teen.^ In each district at least one judge is elected by the 
 voters to serve for six years.^ Should a vacancy occur in 
 the district court, the governor appoints a judge to fill the 
 vacancy. At least one term of the district court is held 
 each year in each county of each judicial district. Spe- 
 cial terms may be held at the option of the judge.^ 
 
 Both civil and criminal cases are tried in the district 
 courts. These courts have original jurisdiction in all 
 cases, and appellate jurisdiction in cases appealed from 
 the county courts." 
 
 55. The County Courts. — The Constitution makes pro- 
 vision for the establishment of probate courts by requiring 
 that in each county there shall be elected a probate judge 
 to serve for three years.^ The chief work of the court 
 consists in supervising the settlements of the estates of 
 
 ' The following are the judicial districts, with number of judges : 1. 
 Clear Creek, Gilpin, Jefferson and Grand counties. 2. Arapahoe coun- 
 ty, five judges. 3. Lais Animas, Huerfano, Prowers, Bent and Baca. 
 4. Douglas, Elbert, El Paso, Cheyenne, Lincoln and Kit Carson, two 
 judges. 5. Lake, Summit and Eagle. 6. La Plata, San Juan, Ar- 
 chuleta, Dolores and Montezuma. 7. Delta, Mesa, Montrose, Gunni- 
 son, Ouray, San Miguel and Hinsdale. 8. Boulder, Weld, Larimer, 
 and Morgan. 9. Pitldn, Garfield, Routt and Eio Blanco. 10. Pueblo, 
 Kiowa and Otero, two judges. 11. Fremont, Chaffee, Custer and Park. 
 12. Conejos, Rio Grande, Saguache, Mineral and Costilla. 13. Wash- 
 ington, Yuma, Sedgwick, Phillips and Logan. All districts except the 
 second, fourth and tenth have one judge each. 
 
 '' For the qualifications of a district judge, see Art. VI. Sect. 16. 
 
 " See Art. VL Sects. 11-30. * See Art. VI. Sect. 11. 
 
 ' For the qualifications of a county judge, see Art. XIV. Sect. 10. 
 
TH£ JUDICIAL DEPARTMENT. 51 
 
 deceased persons, and in appointing guardians for children 
 and incompetent persons.' 
 
 The countj'^ court has original jurisdiction in divorce 
 cases ; in civil cases, when the amount involved does not 
 exceed two thousand dollars ; in misdemeanor cases ; and 
 in the contested election of all precinct and county officers, 
 except county judge. The appellate jurisdiction of the 
 county court consists in hearing appeals from the justices' 
 courts and the police courts. In a suit before the county 
 court either party may demand a jury.'^ An appeal may 
 be taken from the decision of the county court to the dis- 
 trict court or to the supreme court. Should a vacancy 
 occur in the office of county judge, the county commis- 
 sioners appoint a judge to fill the vacancy. 
 
 In 1883 the General Assembly established county crim- 
 inal courts in Arapahoe, Pueblo and Lake counties. This 
 action was repealed in 1891.' 
 
 66. Police Courts. — In cities of the first class ' .the coun- 
 cil elects a police magistrate, who holds a municipal court 
 known as a police court ; in cities of the second class the 
 police magistrate is elected by the voters. In cities of more 
 than fifty thousand inhabitants the governor, with the con- 
 sent of the Senate, appoints the police judge. In incorpo- 
 rated towns the police magistrate is appointed by the town 
 trustees. The police court has jurisdiction in all cases aris- 
 ing under the city ordinances. An appeal from the decis- 
 ion of the police court may be taken to the county court. 
 
 ' When a person dies without leaving a will, it is the duty of the pro- 
 hate court to appoint an administrator to settle the estate and to distribute 
 the property as the law directs. All the transactions of the adminis- 
 trator must be examined and approved by the court. When a person 
 dies leaving a will disposing of his property, the will must be sub- 
 mitted to the probate court for decision as to its legality and genuine- 
 ness ; if approved, it is recorded, and it becomes the duty of the court 
 to see that its provisions are strictly carried out. 
 
 ■' See Art. VL Sects. «, SS. » See Art. VI. Sect. U- 
 
 « See I 85, page 68. 
 
52 THE CIVIL GOVERNMENT OF COLORADO. 
 
 57. Justices' Courts. — The humblest court in the land, 
 the court upon which all other courts are founded, and the 
 court of greatest antiquity, is the justice's court. 
 
 The county is divided by the county commissioners 
 into various precincts, called justices' precincts. In these 
 precincts a justice of the peace and a constable are elected 
 every year. The term of office is two years. By this 
 arrangement each precinct has two justices and two con- 
 stables.' Justices of the peace have jurisdiction in civil 
 cases in which the amount in dispute does not exceed 
 three hundred dollars, except when the boundaries or the 
 title to land are in question, in which case they have no 
 jurisdiction. They are authorized to hear and determine 
 cases of misdemeanors and minor violations, such as as- 
 sault and battery and petit larceny. They act also as ex- 
 amining magistrates to determine whether persons arrested, 
 charged with serious crime, shall be held for trial in a 
 higher court. If, on the examination of witnesses there 
 is found evidence of guilt, the case is sent to the district 
 "court for trial and the accused person may be released 
 on giving bail or security to appear in court when sum- 
 moned. If thecrime is one which is not bailable, such as 
 murder, or if the accused person fails to give satisfactory 
 security to appear in court when summoned, he is sent to 
 the county jail, where he remains until the case is tried, 
 unless he is released on a writ of habeas corpus.^ 
 
 A jury, usually of six men,' is summoned by the consta- 
 ble on the writ of the justice of the peace, when either 
 party to a suit demands a jury. A change of venue maj"^ 
 
 ' In 1891 the General Assembly enacted a law wliieh provides that 
 in precincts having a population of more than 20,000 the county com- 
 missioners may appoint one additional justice and constable for each 
 20,000 inhabitants. (See Art. XIV. Sect. 11.) 
 
 ' A writ of habeas corpus is an order issued by a judge directing that 
 the accused pei-son be brought into court, that the cause of his imprison- 
 ment may be inquired into. 
 
 ' The jury may consist of from three to twelve men. 
 
THE JUDICIAL DEPARTMENT. 53 
 
 be taken to the court of the nearest justice.' An appeal 
 may be taken from the decision of the justice's court to 
 the county court. The justice of the peace is empowered 
 to issue warrants, to solemnize marriages, to administer 
 oaths, and to attest signatures. In case there is no coroner 
 or in case of the disability of the coroner, the justice acts in 
 that capacity when inquests are to be held. 
 
 58. The Constable has authority to serve writs and 
 notices ; to make arrests when armed with proper war- 
 rants; and to make arrests without a warrant when a 
 breach of the peace is committed, or a law violated in his 
 presence, or when the person is a known criminal. 
 
 59. Executive Oflaoers of the Courts. — The executive 
 officer of the supreme court and of the court of appeals, 
 called the bailiff, is appointed by each of these courts. 
 The county sheriff is the executive officer of the county 
 and district courts ; the constable is the executive officer 
 of the justice's court; and a policeman or the city marshal 
 is the executive officer of the police courts. These officers 
 execute the orders of the courts and have charge of juries 
 and prisoners. 
 
 60. Clerks of the Courts. — In all courts of record'^ and 
 in police courts in cities of fifty thousand inhabitants, a 
 clerk is appointed by the court.' 
 
 The clerks of the courts attend the sessions of the courts 
 and make a record of their proceedings ; they issue subpoenas 
 or notices calling into court such persons as the judges 
 may direct to be present; they call jurors and witnesses 
 before the court and administer the oath to them ; they 
 have charge of all papers and documents; and when directed 
 by the court, they issue writs in its name and affix its seal. 
 
 ' To procure a change of venue, a party to a suit must make an 
 affidavit that he believes the justice before whom the suit is brought 
 is prejudiced against him. '' See § 51, page 47. 
 
 ' There is a clerk of the district court in each county of the judicial 
 district. 
 
54 THE CIVIL GOVERNMENT OF COLORADO. 
 
 61. Attorneys. — Attorney s-at-law are, in a certain 
 sense, officers of the courts, because they are admitted 
 to practice in the courts of the State by the supreme 
 court; they must have a good moral character and a legal 
 education. Attorneys are employed to conduct civil and 
 criminal cases for the parties concerned in any suit. The 
 attorney-general represents and appears for the people in 
 the supreme court and in the court of appeals; the city 
 attorney in the police court ; the county attorney in the 
 county and lower courts ; and the district attorney in the 
 district court. 
 
 The County Attorney acts for the county in all suits at 
 law to which it is a party. He is required to give his opin- 
 ion in writing, at the request of county officers, on mat- 
 ters relating to the duties of their resjjective offices. He 
 is appointed in each county by the county commissioners. 
 
 The District Attorney. — Every third year a district 
 attorney' is elected by the people in overy judicial district 
 of the State. He must be at least twenty-five years of age 
 and possess the other qualifications of the district judge. 
 
 The district attorney appears in behalf of the State 
 and of the several counties of his district in all indict- 
 ments, suits and proceedings which may be pending in 
 the district court in any county within his district, wherein 
 the State, or the people thereof, or of any county of his 
 district may be a party. He appears at all inquests held 
 in his district and at preliminary hearings when felony ' 
 is charged.'* 
 
 62. Trial by Jury. — The county commissioners furnish 
 
 ' See Ah. VL Seel. SI. 
 
 ^ In Colorado a felony in a crime the punishment for which is impris- 
 onment in the penitentiary. A misdemeanor is a breach of the peace 
 or a violation of law, the punishment for which is a fine or a short im- 
 prisonment. 
 
 " The district attorney perform.s the duties of county attorney for 
 any county in his district that may be without a county attorney. 
 
THE JUDICIAL DEPARTMENT. 55 
 
 the clerk of the district court with a list of names from 
 which he chooses jurors.' Persons selected as jurors must 
 serve, unless excused by the judge. Jurors and witnesses 
 are entitled to pay for their time ; they also receive mileage. 
 Criminal cases are usually brought before the district 
 court for trial by action of the grand jury, which is a 
 body of twelve men. The grand jury hears the charges 
 made against any person accused of crime, and if nine or 
 more grand jurors believe that the evidence is sufficient to 
 convict, an indictment or true bill is rendered and the ac- 
 cused person is brought before the court for trial ' before a 
 petit jury of twelve persons.' The grand jury is advised 
 
 ' All male inhabitants of this State of twenty-one or more years of 
 age, who are citizens of the United States or have declared their in- 
 tention of becoming such citizens, and who have not been convicted of 
 felony, are competent to serve as grand and petit jurors. 
 
 ^ An accused person may also be brought before the court for trial on 
 information of the district attorney, or as the result of a hearing before 
 a justice of the peace. 
 
 ■^ A crime is a violation of law. The State enacts all the laws, hence 
 a crime is regarded as committed against the State. All prosecutions 
 are carried on in the name and by the authority of "The People of the 
 State of Colorado," and conclude "Against the peace and dignity of 
 the same." 
 
 The State brings the suit against the person charged with the crime. 
 The State is the plaintiff and the accused person is the defendant. 
 
 In a criminal suit the purpose of the trial is to determine the facts in 
 the case, so that the decision of the judge rests upon the verdict of the 
 petit jury. 
 
 In selecting the names from the jurors presented to the court each 
 side may challenge any number for cause, the court always determining 
 whether the cause be «. sufficient reason for excusing the juror from 
 serving in the case. In addition to the challenges for cause, each side 
 has a certain number of peremptory challenges. 
 
 After the jury has been empanelled and sworn to render a decision 
 according to the evidence, the prosecuting attorney presents the case 
 before the jury and submits the evidence by which he intends to support 
 the charge. 
 
 The attorney for the defendant then states his case and submits the 
 
56 THE CIVTL GOVERNMENT OF COLORADO. 
 
 by the district and the county attorneys ; its sessions are 
 secret and it hears no defense of accused persons.' 
 
 63. Trial by Impeachment. — The Constitution provides 
 for another form of trial in cases of impeachment. 
 
 The governor, and all other State and judicial officers, 
 excepting county judges and justices of the peace, are 
 liable to impeachment for high crimes or misdemeanors, 
 or for malfeasance in office. It requires the concurrence 
 of a majority of all the members of the House of Repre- 
 sentatives to impeach an officer. Impeachments are tried 
 by the Senate ; a two-thirds vote of the whole number of 
 senators is required to convict an impeached officer. 
 
 Upon conviction, the Senate can only remove the party 
 from office and disqualify him from holding any office in 
 
 evidence in defense of the accused. The witnesses give their testimony, 
 and are cross-examined by the attorney for the opposite side. When 
 the evidence on both sides has been heard, the attorneys again ad- 
 dress the jury seelcing to interpret the facts. The judge then "charges 
 the jury," explaining the law applicable to the case, after which 
 the jury retires to consult upon the verdict. Their verdict must be a 
 unanimous opinion and must be either "guilty" or "not guilty.'' If ■ 
 guilty, the judge at some subsequent time, usually within a few days, 
 pronounces sentence according to law ; if not guilty, the accused person 
 is discharged. 
 
 If the jury cannot agree, the case is again tried before another jury. 
 The attorney for a person convicted of crime may ask for a new trial, 
 which may or may not be granted, at the discretion of the judge. 
 
 Civil suits are conducted in the same manner as criminal suits, except 
 that there is no preliminary hearing. The plaintiff files a petition with 
 the clerk of the court stating the cause of the suit and naming the per- 
 son charged with the offense. The clerk issues a notice to the proper 
 officer bidding the person complained of to appear in court and answer 
 to the charge. If the trial is to be before a jury, the jury is empan- 
 elled the same as in a criminal case. The details of procedure are the 
 same as in a criminal case, except that the verdict is rendered "For 
 the Plaintiff," or "For the Defendant." Provision is made for the 
 losing party to make an appeal if permission is granted, 
 
 ' See Art. XII, Sect. 6. 
 
STUDIES ON THE STATE GOVERNMENT. 67 
 
 the State in future. The party impeached, whether con- 
 victed or acquitted, is liable to a court trial according to 
 law.' 
 
 STUDIES ON THE GOVERNMENT OF THE STATE. 
 
 »Oj«iOil 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 1. How is a law proved unconstitutional ? 
 
 2. To what committee would a bill providing for the support of the 
 State Normal School be referred? 
 
 3. What is the "enacting clause" of a bill? 
 
 4. In how many ways may a bill become a law ? 
 
 5. Why have two houses in the General Assembly ? 
 
 6. When does the Senate become administrative in its functions ? 
 
 THE EXECUTIVE DEPARTMENT. 
 
 1. To whom is the governor accountable? 
 
 2. Where does he render his account? 
 
 3. How is the appointing power controlled? 
 
 4. What are the privileges of the lieutenant-governor in the Senate? 
 
 5. Index the Constitution, showing all references to the executive. 
 
 6. Name the State offices ; the administrative boards. 
 
 7. Make a list of all institutions supported by the State. Give some 
 reason for the existence of each. 
 
 8. Why is the militia a part of the executive? 
 
 THE JUDICIAL DEPARTMENT. 
 
 1. Why have long terms for judges? 
 
 2. What significance do you attach to the fact that the judges of the 
 court of appeals are appointed instead of elected ? 
 
 3. Why should the higher court issue the writ of error? 
 
 4. Should or should not a verdict be rendered by a majority of a petit 
 jury ? Give your reasons. 
 
 5. What is meant by jurisdictim ? By Aofeeos corpv^ ? 
 
 1 See Art. XIII. 
 
CHAPTER IV. 
 
 LOCAL GOVERNMENT. 
 
 64. Local Government is the administration and con- 
 trol of the public affairs of the county, the city, the town 
 and the school district ; as in the preservation of the peace, 
 the administration of justice, the construction of roads and 
 bridges, the maintenance of common schools, the care of 
 the poor, the assessment of property, the collection of 
 taxes, sanitation, protection from fire, water supply, etc. 
 For the purposes of local government, the State is divided 
 into counties and school-districts, and certain communi- 
 ties are organized as towns and cities. These various sub- 
 divisions constitute political corporations which derive 
 their powers from the Constitution and from laws passed 
 by the General Assembly. 
 
 The County. 
 66. The County. — The State of Colorado is divided into 
 fifty-seven counties.' New counties may be created by 
 the General Assembly, but no part of any county may 
 be added to an adjoining county without submitting the 
 question to the qualified electors of the county whose 
 territory it is proposed to reduce, and receiving the ap- 
 proval of a majority of the electors.' Each county is a 
 corporation empowered to sue and be sued, to purchase, 
 hold and convey real or personal property, and to exer- 
 cise such other powers as may be conferred by law. 
 
 ' See Appendix, page 148. ' See Art. XIV. Sect. S, 
 
60 THE CIVIL GOVERNMENT OF COLORADO. 
 
 The division of the State into counties, and our system 
 of county government, had their origin in similar features 
 that existed in England long before the Norman conquest ; 
 but the officers of the county, or shire, as it was then called, 
 were not chosen by the people : they were appointed either 
 by the king or by a representative of the king.' 
 
 The Constitution of Illinois was largely followed by the 
 first law-makers of this State in framing our State Consti- 
 tution. Southern Illinois was originally settled mainly 
 by immigrants from Virginia and Kentucky, who carried 
 with them the idea of county government. At the time the 
 Constitution of this State was framed, conditions were not 
 favorable for both the county and the township — or mixed 
 system — which prevails in most of the States. 
 
 To have a successful township form of government the 
 following conditions are necessary : 
 
 (1) Dense population, with sufficient wealtli to maintain 
 local government in addition to supporting the higher units 
 of government. 
 
 (2) People having similar ideas in relation to local gov- 
 ernment. 
 
 (3) People having permanent residences, thus creating 
 a strong attachment for local or home institutions. 
 
 (4) Convenient and easily accessible areas of land for 
 establishing local government. The square is the most 
 convenient form. 
 
 ' The early colonists of this country brought with them from England 
 the forms and customs with which tliey were familiar. England, before 
 the Norman conquest, was divided into shires, a shire being a share or 
 part of the whole country. The executive officer in the shire was the 
 shire-reeve, the predecessor of our sheriff'; the power of the sheriff' to 
 call the posse comitalus to his aid may readily be traced to the old "hue 
 and cry." ' When the Normans conquered England they clianged the 
 name of shire to county. In early English literature we may read of 
 the "crowner," an officer appointed by the Crown, who has his suc- 
 cessor in the coroner of to-day. 
 
 ' See Thorpe's Course in Civil Government, I 60, page 27, 
 
THE COUNTY. 61 
 
 (5) Only comparatively small tracts of land must be 
 owned or occupied by each family. 
 
 These conditions did not exist in Colorado at an early 
 day, and exist now only in some localities. The miners con- 
 trolled sniall tracts of land, but were unsettled, travelling 
 about from one camp to another ; the people did not come 
 to the State as compact colonies or settlements, but as 
 individuals, in many cases without their families ; stock- 
 raising required large areas of land ; agricultural lands ex- 
 tended in elongated strips along the narrow valleys of the 
 rivers; and the population was sparse and wealth scat- 
 tered. 
 
 In some localities in the mountains and in the parks of 
 the State, conditions were favorable for the township sys- 
 tem, but this system does not provide for the organization 
 of intervening territory. Conditions favored the county 
 system, which prevailed and which has been continued 
 without change. 
 
 66. The County OflBoers' are the county commission- 
 ers, the county clerk and recorder, the sheriff, the treas- 
 urer, the assessor, the coroner, the surveyor, the superin- 
 tendent of schools, the county judge, the justices of the 
 peace and the constables, who are elected by the voters ; 
 the county attorney who is appointed by the county com- 
 missioners, and the clerks of the courts who are appointed 
 by the courts.' There are a few other officers who are 
 appointed. All elective county officers are elected for a 
 term of two years, except the county commissioners and 
 the county judge, who are elected for three years.' 
 
 Most of the officers are required to keep their offices at 
 the county-seat, a town selected temporarily by the Gen- 
 
 1 See Art. XIV. Sects. 6-15. 
 
 2 The duties of the county judge, county attorney, clerks of the courts, 
 justices of the peace and constables are described in Chap. III., the 
 Judicial Department. 
 
 ^ For the qualifications of county officers see Art. XI V. Sect. 10. 
 
62 THE CIVIL GOVERNMENT OF COLORADO. 
 
 eral Assembly when the county is organized, and after- 
 ward permanently by a popular vote of the people, either 
 on account of its importance or its favorable location. 
 
 67. The Board of County Commissioners consists of 
 three members, but the Constitution provides that five 
 commissioners may be elected when the population of a 
 county shall exceed ten thousand.^ Each county is divided 
 into as many commissioners' districts as there are commis- 
 sioners in the county. Each district is represented by one 
 commissioner, who must be a resident and an elector of 
 the district in which he is elected. The commissioners 
 are elected by the voters of the county at large, and from 
 the different districts in turn. 
 
 The commissioners have charge of all buildings belong- 
 ing to the county ; levy the county tax, and act as a board 
 to equalize taxation;'' examine and adjust claims against 
 the county; furnish lists of jurors for the district court; 
 appoint judges of elections ; superintend the registration 
 of voters ; appoint persons to minor county offices and 
 fill vacancies in county and precinct offices, except that 
 of county commissioner;" divide the county into justices' 
 precincts, into election precincts and into road districts ; 
 have supervision of the county roads ; care for the poor ; 
 and in general have the management of all county 
 business for which no other provision is made by law. 
 The board cannot erect county buildings or levy a tax 
 or borrow money for that purpose without submitting 
 the question to a popular vote and securing popular ap- 
 proval.* Meetings of the board are held at the county-seat 
 on the first Monday of January, April, July, and October. 
 Special meetings may be held when necessarj'. All meet- 
 ings are open to the public.^ 
 
 ' See Ah. XIV. Sect. 6. = See Art. X. Sect. 15. 
 
 » See Art. XIV. Sect. 9. * See Art. XL Sect. 6. 
 
 ^ At the first meeting of tlie commissionei-s after the annual election, 
 the board elects one of its number as president, who presides at the 
 
THE COUNTY. 63 
 
 68. The County Clerk and Recorder attends the ses- 
 sions and keeps a record of the proceedings of the county 
 commissioners ; countersigns all orders for the payment of 
 money approved by the board; keeps an account of re- 
 ceipts and expenditures of the county and all accounts 
 of the county with other officers ; prepares the official 
 ballots for general elections ; issues marriage licenses and 
 keeps a record of the marriages ; and has charge of the 
 books in which are recorded all transfers of real estate. 
 All deeds, mortgages and many other papers are by law 
 required to be recorded in the office of the county clerk 
 and recorder.^ 
 
 69. The Sheriff is the executive officer of the county 
 and of its courts of record. He appoints as many depu- 
 ties as may be necessary to assist him in the discharge of 
 his duties ; he attends the drawing of jurors and summons 
 them when drawn ; he has custody of the county-jail and 
 is responsible for the safe-keeping of prisoners. It is his 
 duty to preserve the peace, and for this purpose, in case 
 of a riot, he may call to his aid as many persons as may be 
 necessary. The persons summoned constitute a posse comi- 
 tatus (literally, power of the county) or, more briefly, a 
 posse. If the posse is not able to quell the disturbance, 
 the sheriff may apply to the governor, who may send the 
 entire National Guard of the State to the aid of the sheriff, 
 and if necessary may apply to the President, who may in 
 that case employ the armed forces of the United States for 
 the maintenance of the laws of the State. 
 
 meetings of the board, signs all county warrants and bonds, and who is 
 ex officio superintendent of the poor. The commissioners receive a com- 
 pensation at the rate of five dollars a day, for time actually employed, 
 and mileage. When a vacancy occurs in the board, it is filled by appoint- 
 ment by the governor. 
 
 ' So important are the accuracy and exactness of the record, that the 
 law requires the recorder to endorse on every document recorded in his 
 office the date, the hour and the minute of its entry on his books, and 
 also the number and page of the book in which the record is made. 
 
64 THE CIVIL GOVERNMENT OF COLORADO. 
 
 70. The County Treasurer collects the taxes and re- 
 ceives all other money paid to the county, and pays 
 county orders or warrants issued by the county com- 
 missioners. He is the disbursing agent for the various 
 school districts of the county. 
 
 71. The County Assessor is required to assess all tax- 
 able property in his county except that assessed by the 
 State board of equalization. The law requires that prop- 
 erty shall be assessed at its actual value. The assessor 
 also makes a list of persons liable to perform military 
 duty. 
 
 72. The Coroner. — The principal duty of the coroner 
 is to hold an inquest upon the body of any person who 
 may have met with a violent death, or who, it is believed, 
 has died by unlawful means. When the coroner is noti- 
 fied of such a case, he immediately summons six citizens 
 of the county to act as a jury. If the jury find that 
 a crime has been committed and name the person 
 whom they believe to have committed it, the accused 
 person may be arrested on the warrant of the coroner. 
 In case of the death of the sheriff or of his removal from 
 office, the coroner acts as sheriff until another sheriff is 
 chosen. 
 
 73. The County Surveyor is elected to secure accu- 
 racy in the construction of roads and bridges, and in the 
 survey of land.' 
 
 74. The County Superintendent of Schools has gen- 
 eral supervision of the public schools in the county, ex- 
 cept those in cities which are organized under special 
 charters, and in first-class districts. He holds public ex- 
 aminations on the third Friday in August, December and 
 March in each year, of persons desiring to become teachers 
 
 ' See chap. xiii. p. 126 of Thorpe's Course in Civil Oovemment, for an 
 account of the method adopted by the United States for the survey of 
 the public domain. All of Colorado was public domain, and was sur- 
 veyed by the United States. 
 
APPOINTED OFFICERS IN A COUNTY. 65 
 
 in the public schools of the county.' He is required to visit 
 the schools in the county at least once during each quarter 
 that they are in session, and to give such directions and 
 suggestions as to the course of study and general manage- 
 ment as the interests of the schools seem to require. It 
 is his duty to decide controversies arising in the admin- 
 istration of the school law in the county. He establishes 
 and changes the boundaries of school districts, apportions 
 the general school fund among the various districts, exam- 
 ines and corrects the books required to be kept by the 
 officers of the school district, organizes teachers' associa- 
 tions, assists in the management of the district normal 
 institute, makes an annual report of the condition of the 
 schools to the superintendent of public instruction, and is 
 ex officio commissioner of lands within his county, subject 
 to the directions of the State board of land commissioners. 
 
 Appointed Officers in a County. 
 
 75. The County Attorney is appointed by the county 
 commissioners.^ 
 
 76. The Board of County Visitors is appointed by the 
 county judge. The board consists of six members, at least 
 three of whom must be women. It is the duty of the 
 board to visit jails, reformatories and charitable institu- 
 tions, and report their condition to the State board of 
 charities and corrections.' 
 
 77. The County Sheep Inspector is appointed by the 
 State veterinary sanitary board, but is paid by the county 
 commissioners. 
 
 78. Road Overseers are appointed by the county com- 
 missioners for the various road districts of the county. 
 
 79. A County Board of Horticulture to act in con- 
 junction with the State board may be appointed by the 
 
 ' To all persons eighteen years of age or over, fonnd competent, he 
 issues a certificate of either the iirst, second or third grade. 
 
 2 See ? 61, page 54. ' See If 6, page 44, and i 131, page 91. 
 
 6— Col 
 
66 THE CIVIL GOVERNMENT OF COLORADO. 
 
 county commissioners on the petition of fifteen persons 
 who own orchards. The board is assisted by a fruit in- 
 spector appointed by the county commissioners. A bee 
 inspector may be appointed by the county judge. 
 
 The School District. 
 
 80. The School District is the smallest civil division 
 of the State. The county is divided, by the action of the 
 people interested and by the county superintendent of 
 schools, into school districts independent of each other. 
 Each district has its own school, which it may manage in 
 its own way. It is designated as school district number 
 — (such a number as the county superintendent may 
 
 assign), county (the name of the county in which 
 
 the district is located). State of Colorado. 
 
 The number of districts in each county varies with the 
 extent of the county and the population. 
 
 81. The Annual School Meeting is held in each dis- 
 trict on the first Monday in May at the school-house 
 belonging to the district. Special meetings may be called 
 when necessary. All persons having the qualifications of 
 electors may attend and vote at the meeting. In districts 
 of the third class, the voters, when assembled, may fix a 
 site for each school-house ; order a tax on taxable prop- 
 erty ; provide for hiring teachers, and for furnishing fuel 
 and text-books ; and transact such other business as tends 
 to promote the interests of the schools.' The school meet- 
 ing, it will be seen, constitutes almost a pure democracy, 
 like the New England town meeting.'^ It is the only in- 
 stance in the government of this State in which the people 
 meet and make laws directly, instead of through their rep- 
 resentatives. 
 
 82. School Directors are elected in the various school 
 
 ' Usually the management of the schools is left to the discretion of 
 the school board. 
 
 * See Thorpe's Course in Civil. Govei-nment, J 91, page 51. 
 
MUNICIPAL GOVERNMENT. 
 
 67 
 
 districts. In districts of the first class one director is 
 elected each year, and serves for five years. In districts 
 of the second and third classes, one director is elected each 
 year, and serves for three years. The officers of the school 
 board are : the president, the secretary and the treasurer. 
 Only the secretary receives compensation (usually fifty 
 dollars a year). 
 
 City Hall, Denver, Coloeado. 
 
 Municipal Government. 
 
 83. A city is an aggregation of people living in close 
 contact, virithin a conaparatively small territory. The 
 necessarily intimate relations of individuals within a city 
 give rise to special needs not felt by people scattered over 
 a larger area. 
 
 84. Incorporation of Cities and Towns.— All towns 
 and cities of the State, except those acting under a special 
 
68 THE CIVIL GOVERNMENT OF COLORADO. 
 
 charter, are organized or incorporated under the general 
 law. 
 
 When not less than thirty electors desire that the com- 
 munity in which they live shall be incorporated as a town, 
 they petition the county court for incorporation as a town, 
 the location of which must be fully described and be 
 shown by a map ; the court appoints a board of five com- 
 missioners whose duty it is to hold an election, at which 
 the electors of the proposed town are given an opportunity 
 to vote either for or against incorporation. If a majority 
 vote favorably, the commissioners hold another election 
 at which the voters elect town ofi&cers. This completes 
 the process of incorporation. 
 
 85. Classiflcation of Cities and Towns. — The towns 
 and cities of the State are divided into three classes as 
 follows : 
 
 First class, having a population of over 15,000 ; second 
 class, having a population of 2000 to 15,000 ; third class, 
 incorporated towns, having a population of less than 
 2000.' 
 
 86. The Government of Cities. — For convenience in 
 their government cities of the first and second class" are 
 divided by their councils into wards. 
 
 The government of a city, like that of a State, consists 
 of three departments. The mayor is the executive, the 
 council is the legislative, and the police court^ is the ju- 
 diciary. 
 
 87. The Mayor. — In cities of the first and second classes 
 the mayor is elected biennially. It is the duty of the 
 mayor to enforce all the laws and ordinances relating to 
 the government of the city. He presides over meetings 
 of the council and in cities of the first class either signs 
 or vetoes the ordinances that are passed. An ordinance 
 
 ' This classification does not include cities acting under special 
 ^•larters. 2 gee J 56, page 51. 
 
MUNICIPAL GOVERNMENT. 69 
 
 may be passed over his veto by a two-thirds vote of the 
 council. In cities of the first class the mayor appoints, 
 subject to confirmation by the council, several city officers, 
 and he may remit fines and grant pardons for offenses 
 against the city ordinances. The efficiency of a city gov- 
 ernment depends almost wholly on the honesty, energy 
 and ability of the mayor. 
 
 88. The Council. — Members of the council are called al- 
 dermen. In cities of the first class one alderman is elected 
 in each ward biennially ; in cities of the second class 
 each ward has two aldermen, one being elected each year 
 to serve for two years. The council has charge of the city 
 finances, levies the city tax, and has power to pass laws 
 for the government of the city. Laws passed by the coun- 
 cil are called ordinances. They require for their passage a 
 majority vote of the whole number of aldermen. 
 
 89. Other Officers of the City. — In cities of the first 
 class the voters elect a treasurer, a clerk, an auditor, an 
 attorney and an engineer. The council elects the police 
 magistrate. 
 
 In cities of the second class the voters elect a treasurer, 
 a clerk, an attorney, a marshal, a police magistrate and a 
 supervisor of streets. 
 
 The mayor, with the approval of the council, appoints 
 the superintendent of the fire department, the firemen, and 
 the policemen. 
 
 City officers are elected to serve for two years. The 
 duties of the city officers are indicated by their titles. 
 
 90. The City of Denver is organized under a special 
 charter which grants greater powers than the general law. 
 The council consists of two branches, the board of alder- 
 men, which consists of one member from each ward, and 
 a board of supervisors, which consisis of a board of five 
 members elected by the voters of the entire city. The 
 governor appoints a board of public works, a fire and 
 
70 THE CIVIL GOVERNMENT OF COLORADO. 
 
 police board and the police magistrate.' The government 
 of Denver is the government of the State in miniature. 
 
 91. Towns. — The officers of a town are the mayor and 
 a board of six trustees who are elected by the voters, and 
 usually a clerk, a treasurer, an attorney, a police magis- 
 trate and a marshal, who are usually appointed by the 
 board of trustees. The mayor is elected annually; three 
 of the trustees are elected each year to serve for two years. 
 The duties of the board of trustees are similar to those of 
 the council of a city. The duties of the other officers are 
 indicated by their titles. 
 
 STUDIES ON LOCAL GOVERNMENT. 
 
 »o>»:c«. 
 
 THE COUNTY. 
 
 Make a summary for officers and boards showing the following : 
 
 1. How CHOSEN. I 3. Tekm of Seeviob. 
 
 2. Number. | 4. Powers and Duties. 
 
 THE SCHOOL DISTRICT. 
 
 1. State the duties of district officers. 
 
 2. Why should the school district be governed by local officers ? 
 
 3. Is the government of the school district centralized ? 
 
 MUNICIPAL GOVERNMENT. 
 
 1. Why should the question of the incorporation of a town be sub- 
 mitted to popular vote ? 
 
 2. What evils may result from allowing the council to share in the 
 appointing power? 
 
 3. Why should showmen be required to procure a license in cities ? 
 
 4. What is the meaning of muninpcd ? 
 
 ' See § 56, page 51. 
 
CHAPTER V. 
 
 TAXATION. 
 
 »oX»<o« 
 
 93, Taxes. — The expenses of State and local govern- 
 ment are paid almost whollj' by means of taxes. Taxes 
 are contributions imposed upon individuals and upon 
 corporations, in other words, upon property, business and 
 persons, for the support of the government and for other 
 public purposes. 
 
 93. The General Property Tax. — By far the most im- 
 portant tax is that which is levied upon property. The 
 law requires that all property, real and personal, not ex- 
 pressly exempt, shall be subject to taxation.' 
 
 94. Assessment of Taxes. — It is the duty of the county 
 assessor to assess all taxable property in his county on the 
 first day of May in each year. In case the assessor fails 
 to call upon the owner, the owner is required to make out 
 and file in the ofiice of the county assessor by the twen- 
 tieth day of June in each year, a full and correct list of 
 all his property subject to taxation. 
 
 The law requires that all property shall be assessed at 
 its actual value, but usually it is assessed at much less 
 than its real value. The county assessor makes out the 
 assessment roll, showing in alphabetical order the names 
 of all persons whose property has been listed. 
 
 ' Eeal property or real estate includes land and all things directly 
 connected with land, such as buildings, improvements upon land, mines, 
 quarries and the like. Personal property includes movable articles of 
 every description, such as money, notes, bonds, mortgages, shares in 
 corporations, etc. 
 
 71 
 
72 THE CIVIL GOVERNMENT OF COLORADO. 
 
 All railway, telegraph, telephone and sleeping-car com- 
 panies, owning or controlling property in the State,, are 
 required to furnish to the State board of equalization, a 
 complete and detailed list of all their property within 
 the State, prior to the first Monday in April of each year. 
 On that day the State board of equalization meets and 
 assesses such property. On or before the first of May, this 
 board is required to report to the county clerk and re- 
 corder of each county, containing any of the property 
 assessed, the valuation assessed on such property in that 
 county. 
 
 95. Equalization of Taxes. — On the first Monday in 
 July of each year, the board of county commissioners 
 meets and equalizes the assessments made for that year 
 by the county assessor. Whenever there is reason to 
 think that the assessor has valued property unjustly or 
 not in a uniform manner, the board lowers or raises the as- 
 sessment as the case may be. If any considerable changes 
 have been made in the assessment of any property, the 
 owner is notified and he may appear at a subsequent 
 meeting of the board, which is required to be held on 
 the third Monday in July, when the board decides the 
 matter finally. After all corrections have been made, the 
 county assessor forwards an abstract of the assessment roll 
 to the State board of equalization. This board meets on 
 the first Monday of September in each year and equalizes 
 the assessments made in the several counties in the State, 
 increasing or decreasing the assessments in particular coun- 
 ties by such a percentage as may be necessary to secure a 
 uniform rate of assessment throughout the State. The 
 board at this meeting may correct any previous error in 
 the assessment of railroad, telegraph, telephone and sleep- 
 ing-car property. 
 
 96. The Tax Levy.— The General Assembly, at each 
 regular session, passes an act to provide revenue for the 
 next two years. This act levies a rate that will yield the 
 
TAXATION. 73 
 
 amount appropriated for current expenses and for the in- 
 terest on the State debt during the two years. The rate 
 is based upon the assessment of the preceding year/ 
 
 The State auditor, upon the basis of the equalized 
 valuation, determines the amount that each county must 
 raise for State purposes, and certifies the same to the 
 county clerk and recorder. 
 
 When the assessment for the year is completed, the 
 county commissioners of each county levy the county 
 tax ; the council in each city levies the city tax ; the school 
 meeting or the school board in districts of the third class, 
 and the school board in districts of the first and second 
 classes levy the school tax ; the rate in each case is 
 certified by the proper officers to the county clerk.^ It 
 now becomes the duty of the assessor to determine the 
 amount of taxes payable by each person and corporation 
 and to set down the amount opposite the names in the 
 tax-roll. This work is completed and the tax-roll deliv- 
 ered to the county treasurer by the first day of January. 
 
 97. Collection of Taxes. — Taxes are payable to the 
 county treasurer on or after January 1st. A tax-payer 
 may pay his tax in full before March 1st, or he may pay 
 
 • Should the General Assembly fail to make the tax levy, it is made 
 by the State board of equalization. The General Assembly provides 
 for the fixed levies which are used for the State institutions, the Cap- 
 itol building bonds and the stock-inspection fund. The State board of 
 equalization levies the other State taxes, the maximum limit for all 
 State purposes being four mills. 
 
 * The tax levy for a city like Greeley stands somewhat as follows ; 
 
 Mills. 
 
 General State tax * 
 
 " county " 8 
 
 " school " 4 
 
 Special school " 12 
 
 School bond " 2 
 
 City of Greeley " _26 
 
 Total ■ 56 
 
 G 
 
74 THE CIVIL GOVERNMENT OF COLORADO. 
 
 half the amount before that date and the remainder any • 
 time before August 1st. If the first half becomes deUn- 
 quent, interest is charged at the rate of one per cent, a 
 month. If the second half becomes delinquent, interest 
 is charged at the rate of one and one-fourth per cent, a 
 month until the tax is paid. All taxes are delinquent 
 after August 1st, and the county treasurer has power to 
 sell personal property to satisfy the taxes on the same. 
 
 Real estate upon which the taxes are not paid by Au- 
 gust 1st may be advertised for sale August 20. This sale 
 takes place on the first Monday in October or as soon there- 
 after as practicable. Four weeks' notitje must be given be- 
 fore real estate is sold. Land offered for sale, which will 
 not bring enough to satisfy the taxes, is purchased by the 
 county treasurer in the name of the county. 
 
 Land sold at tax sales may be redeemed within three 
 years by the owner, upon the payment of the amount for 
 which the land was' sold and all subsequent taxes, with 
 interest on both. As the taxes are collected, the county 
 treasurer, at regular intervals, turns over to the State, to 
 the county and to the city, the amounts levied by each. 
 
 98. Other Taxes. — In addition to the general property 
 tax, several other taxes are authorized by law. 
 
 Licenses are taxes imposed upon persons engaging in 
 special kinds of business, and hence are called occupa- 
 tion taxes. 
 
 Poll taxes are of three kinds : a military poll-tax of one 
 dollar for the support of the State militia ; a general county 
 poll-tax of one dollar for general county purposes ; and a 
 road poll-tax of two dollars' or, as an equivalent, two 
 days' work on the public roads. The military and the 
 general county poll-taxes are collected by the county treas- 
 urer ; the road poll-tax by the road overseer. 
 
 ' This refers to the country. In towns the road poll-tax is regulated 
 by the board of trustees, and in cities by the council. This tax is usu- 
 ally three dollars. 
 
TAXATION. 75 
 
 99. Other Income. — In addition to receipts from taxa- 
 tion, there are several other sources of revenue to the 
 State, the most important of which are the interest on the 
 pubUc school income fund, and the receipts from the sale 
 and rentals on lands given to the State for various pur- 
 poses by the Federal government. These lands are man- 
 aged by the State land board. 
 
 Fees are charges made by State or local officers for par- 
 ticular services rendered to individuals. The amount that 
 may be charged is fixed by law. The income that is de- 
 rived from this source is considerable. Fees also include 
 court costs. Some revenue is derived from escheats ' and 
 fines. All income intended for State purposes is collected 
 by the proper officer and finds its way to the State treas- 
 urer; all county income is paid to the county treasurer. 
 
 100. Public Indebtedness. — The State and its various 
 political divisions are authorized to borrow money on 
 bonds, for the purpose of defraying extraordinary ex- 
 penses and for making public improvements. Before 
 bonds are issued the matter must be submitted to the 
 electors and be approved by them.^ When issued, an an- 
 nual tax must be levied to provide the means for paying 
 the interest on the bonds and to create a fund for the pay- 
 ment of the bonds when they become due. 
 
 Warrants are sometimes issued for the running expenses 
 of the government until the taxes are collected. They are 
 issued by the officers of the county, city or school-district 
 and bear interest from date of registration until paid. It 
 does not require a vote of the people to issue warrants. 
 
 ' Escheats. — When a person dies leaving property, not having 
 made a will and having no heirs to inherit the property, the State be- 
 comes the heir, and the property escheats to the State — that is, it becomes 
 the property of the State. 
 
 2 See Art. XL 
 
76 THE CIVTL GOVERNMENT OF COLORADO. 
 
 STUDIES ON TAXATION. 
 
 1. Give the various steps in levying and paying taxes from the time 
 the schedule paper is left at the house by the assessor, until the taxes 
 are paid. 
 
 2. Should persons having no children pay taxes for the support of 
 schools ? 
 
 3. For what purposes are taxes raised in a city ? 
 
 4. Mention a war caused by taxation. 
 
 5. For what purposes are Stale taxes levied ? 
 
 6. Why should local taxes exceed State taxes ? 
 
 7. How is a district school in Colorado supported? How many 
 kinds of school taxes may be levied? 
 
 8. Can you find the total valuation of property in your school dis- 
 trict? City? County? State? 
 
 9. Is any tax paid on your school house ? 
 
 10. How does the assessed valuation of your home compare with its 
 actual or market value ? 
 
 11. What difference would it make in the rate, if it were assessed at 
 its actual value? 
 
High School, East Dentee, Colorado. 
 
 CHAPTER VI. 
 
 PUBLIC EDUCATION. 
 
 -o-oX»;o 
 
 "Education consists in preparing an individual 
 to enter readily, fully, and righteously into the 
 real life about him." — Dr. Z. X. Snyder. 
 
 101. An orderly plan for the development of the school 
 system of Colorado has been worked out in detail. Each 
 part bears its proper relation to all the other parts, and 
 the whole has its authority from the Constitution and 
 from the laws that have been enacted from time to time. 
 
 Elementary and Secondary Education. 
 
 102. The Superintendent of Public Instruction has 
 general supervision of elementarj' and secondary educa- 
 tion. His work intimately concerns these schools. It is 
 effected through the examination of teachers, the work of 
 the normal institutes, reading circles, and educational 
 
 77 
 
78 THE CIVIL GOVERNMENT OF COLORADO. 
 
 lectures. He receives and publishes biennial reports of 
 all the State educational institutions.' 
 
 The county superintendent of schools is responsible for 
 the direct supervision of the public schools and for cer- 
 tificating efficient teachers." 
 
 The boards of school directors are entrusted by the peo- 
 ple with the business management of the schools in the 
 school districts.'' 
 
 103. The School System. — The schools of the State 
 are organized under the district system. A school district 
 is a body corporate having authority within a definite 
 territory. The school district in order to receive its share 
 of the State school fund must maintain a school at least 
 three months in each year.* 
 
 104. Rural Schools. — An effort is being made to 
 establish a uniform grade in the rural schools. A State 
 course of study of eight grades has been prepared by the 
 State superintendent with the assistance of a committee 
 of county superintendents. Upon the completion of the 
 prescribed work of the eight grades, the pupil is given a 
 diploma showing that he is a graduate of the rural schools. 
 
 105. Graded Schools. — The graded schools are usually 
 under the direction of a superintendent. The ward schools 
 
 » See I 48, page 41. ^ See ? 74, page 64. » See ? 82, page 66. 
 
 * See J 80, page 66. There are a few districts in the State that are 
 practically independent in their action. Such districts are acting under 
 a special charter granted by the General Assembly. 
 
 Districts that are united for the purpose of supporting high schools 
 are termed union districts. Districts that cross county lines are termed 
 joint districts and are under the supervision of the two county superin- 
 tendents. 
 
 School districts are divided into three classes : The first class, having 
 a school population of 1000 or more; second class, having a school 
 population of from 350 to 1000 ; ihird class, having a school popula- 
 tion of less than .350. A person between the ages of six and twenty- 
 one years is of school age. 
 
ELEMENTARY AND SECONDARY EDUCATION. 79 
 
 in cities are under the charge of a principal who ifs sub- 
 ordinate to the city superintendent. 
 
 In 1893 the General Assembly made the kindergarten 
 an integral part of the public school system. Under this 
 law the school board of any district may establish and 
 maintain free kindergartens for the instruction of children 
 between three and six years of age. A high standard of 
 efficiency is reqidred of those proposing to teach in the 
 kindergartens. 
 
 106. The Graded Elementary School embraces eight 
 grades, each grade requiring one year for completion. The 
 instruction is usually confined to orthography, reading 
 writing, arithmetic, English grammar, geography, history, 
 civil government, physiology with special reference to the 
 effect of stimulants and narcotics, and some elementary 
 work in the natural sciences. In some of the schools in- 
 struction is given in gymnastics, singing, drawing, and sloyd. 
 
 107. The Secondary School or High School embraces 
 four grades, covering four years, and completes the work 
 of the elementary school. A high school course of study 
 has been adopted by the State Teachers' Association, and 
 most of the high schools are attempting to approximate 
 the work therein prescribed. The course of instruction in 
 these schools furnishes the means for acquiring a fair 
 general education, and in the more advanced schools, it 
 meets the requirements for admission to the institutions 
 of higher learning. 
 
 108. Compulsory Education. — The State requires that 
 every child between eight and fourteen years of age shall 
 attend either a public or a private school for at least twelve 
 weeks in each school year, eight weeks of which must be 
 consecutive. 
 
 109. The Revenue for the support of the public schools 
 is derived from State, county, and district sources. 
 
 (a) The general school fund which is used for teachers' 
 salaries is made up from State and county sources. 
 
80 THE CIVIL GOVERNMENT OF COLORADO. 
 
 (1) The State revenue for the general fund is derived 
 from the proceeds of the public school investment fund ; 
 from interest on the deferred payments of school lands ; 
 from proceeds arising from the lease of school lands f and 
 from escheats ^ and gifts. This State fund is apportioned 
 among the various counties once in every six months by 
 the superintendent of public instruction. 
 
 (2) The county revenue for the general fund is derived 
 mainly from a county tax of not less than two mills nor 
 more than five mills, which the county commissioners are 
 required to levy on all taxable property of the county. A 
 considerable sum is realized from fines, penalties, and for- 
 feitures. 
 
 The general fund is apportioned by the county superin- 
 tendent at regular intervals among the various districts in 
 proportion to their school population. 
 
 (6) The special school fund is derived from a special tax 
 which the school board levies on the taxable property of 
 the school district. In districts of the third class the 
 highest limit is fifteen mills. Should the school board 
 neglect to levy this tax, when needed, the count}' commis- 
 sioners are required to levy it. 
 
 no. The Licensing of Teachers. — A person holding 
 a certificate, granted by lawful authority, is legally qual- 
 ified to teach in tlie public schools of the State. County 
 certificates are granted by the county superintendent- 
 to persons successfully passing an examination. Appli- 
 cants are examined in the school law of Colorado, and 
 in the subjects taught in the common schools.^ The 
 questions are prepared and furnished to the county super- 
 intendent by the superintendent of public instruction. 
 
 The State board of education grants State certificates to 
 persons successfully passing the State examinations, also 
 
 ' Sections sixteen and thirty-six of every township in the State were 
 granted by Congress to Colorado for the support of the common schools. 
 '' See note, page 75. s ggg gj^ge, page 79. 
 
HIGHER EDUCATION. 81 
 
 to persons who have rendered eminent educational services 
 in the State lor five years. These certificates are valid for 
 life unless revoked for good cause. 
 
 The State Normal School grants a life certificate to per- 
 sons graduating from its full course.' Districts of the first 
 class are given authority to examine teachers.'' 
 
 111. Special Schools are maintained by the State for 
 the education of the unfortunate, vagrant, and criminal 
 classes. 
 
 The school for the unfortunate class, those who do not 
 have possession of all the physical senses, is located at 
 Colorado Springs, and is called the School for the Deaf 
 and the Blind. This institution is not an asylum or 
 hospital, but is a well-equipped school with a faculty of 
 specialists. In the training of the blind, music as a means 
 of education is emphasized. In both the deaf and the 
 blind departments the training of the hand is cultivated. 
 
 The State Industrial School,' and the State Industrial 
 School for Girls* unite elementary manual training with 
 the usual instruction in primary subjects, hoping thereby 
 to make self-supporting citizens of the vagrant and crim- 
 inal classes of boys and girls. 
 
 Higher Education. 
 
 112. The State institutions for higher education in Col- 
 orado include the State School of Mines, the Agricultural 
 College, the State Normal School, and, crowning the entire 
 system, the State University. All except the State Normal 
 School are included specifically in the Constitution." At 
 the time of the adoption of the State Constitution the 
 
 ' These certificates are valid in any public school in the State. The 
 certificate may be revoked for cause. 
 
 ' These certificates are valid only in the districts in which they are 
 issued. 
 
 ' See ? 129, p. 90. * See § 130, p. 90. 
 
 5 See Art. VIIL Sect. 5. 
 6— Col 
 
82 THE CIVIL GOVERNMENT OF COLORADO. 
 
 State Normal School was not an organized Territorial in- 
 stitution. It should be classed as one of the constitu- 
 tional institutions, as the Constitution provides for it in a 
 general way, as follows : " Educational .... institutions 
 shall be established and supported by the State, in such 
 a manner as may be prescribed by law."' This school 
 has been established by law, the authority for which is 
 derived from the Constitution. Its board of trustees acts 
 under the general direction of the State board of educa- 
 tion, a constitutional board.^ 
 
 These institutions of higher learning are as much a part 
 of the educational system as are the common schools. No 
 system of education is complete which stops with the mere 
 rudimentary elements of learning. 
 
 The subjects pursued in an institution of higher learn- 
 ing have a direct bearing on the practical work of life. 
 They aid directly in building up a strong and wise citizen- 
 ship. The State recognizes that it reaps rich returns from 
 the investments it makes in institutions of higher learn- 
 ing. It would seem to be wise on the part of the State 
 to insist that each institution should work out only the 
 special line for which it was created. The State should 
 see to it that each institution is given the highest fa- 
 cilities for doing the most efficient work in its allotted 
 field. 
 
 H3. The School of Mines is located at Golden. This 
 school was established to make a practical application of 
 science to mining and its kindred subjects. 
 
 114. The Agricultural College. — This school is located 
 at Fort Collins. Its object is to promote the practical edu- 
 cation of the industrial classes, especially by instruction 
 in agriculture and in the natural sciences connected there- 
 
 ' See Art. VIIL Sect. 1. 
 
 ^ The State Normal School is an integral part of the public school 
 system by law and is placed on the same basis as to apportionment of 
 the State school funds as are union high schools. 
 
84 THS CIVIL GOVERNMENT OF COLORADO. 
 
 witii. The work of the various agricultural experimental 
 stations of the State is directed by this college.' The 
 courses offered are : 
 
 1. Agriculture ; 
 
 2. Mechanical Engineering ; 
 
 3. Irrigation and Civil Engineering ; 
 
 4. Ladies, or Domestic Economy ; 
 
 5. A Business Course. 
 
 115. The State Normal School is located at Greeley. 
 Its aim is to reduce teaching to a science in the profes- 
 sional training of teachers. The course embraces academic 
 subjects, and theoretical and practical pedagogy.'' 
 
 The work covers a period of four years. Students are 
 admitted to the freshmen class from the eighth grade of 
 the public elementary schools. Graduates of approved 
 high schools are admitted to the junior class without ex- 
 amination. All other applicants are examined for admis- 
 sion, but the policy pursued is to give full credit for all 
 work satisfactorily completed elsewhere. The following 
 departments are maintained : 
 
 1. Normal ; 
 
 2. Model ;, 
 
 3. Kindergarten. 
 
 Graduates are given diplomas, which are life certificates 
 to teach in any public school in Colorado. 
 
 116. The State University. — This institution is located 
 at Boulder. Its departments are as follows : 
 
 1. College of Liberal Arts ; 
 
 2. Graduate Courses ; 
 
 3. Colorado School of Applied Sciences ; 
 
 ' Farmers' institutes are held at various place.-i in the State during tlie 
 winter. The faculty of the Agricultural College is usually represented 
 at these meetings. 
 
 '' District normal institutes are held in the State. Tliey continue for 
 a period of two weeks. These institutes tend to professionalize the work 
 of teaching. 
 
HIGHER EDUCATION. 85 
 
 4. Colorado School of Law ; 
 
 6. Colorado School of Medicine; 
 
 6. Preparatory School.' 
 
 H7. Control and Maintenance of State SohoolB. — 
 Each of the State institutions, except the State University, 
 is under the control of a board of trustees appointed by 
 the governor. The University is under the control of a 
 board of six regents elected by the voters of the State. 
 
 The School of Mines, the Agricultural College, the School 
 for the Deaf and the Blind, the State Normal School, and 
 the State University, each receive the proceeds of a direct 
 tax of one-fifth of a mill on all taxable property in the 
 State. Appropriations are made from time to time for 
 buildings, improvements, and in some instances for main- 
 tenance. 
 
 The State University receives also the revenue arising 
 from the sale or*rental of seventy-two sections of land 
 granted by Congress. 
 
 The Agricultural College was granted ninety thousand 
 acres of land by Congress. This institution has also an 
 appropriation from the treasury of the United States. 
 
 Tuition, to residents of the State, is free in all the State 
 schools. All the expenses of pupils at the School for the 
 Deaf and the Blind are paid by the State. 
 
 There are several sectarian institutions of higher learn- 
 ing in Colorado that confer degrees. The most notable of 
 these are the Colorado College (Congregational), at Colorado 
 Springs, and the Denver University (Methodist), at Denver. 
 
 The people of Colorado are noted for their deep interest 
 in education. In most instances they tax themselves 
 liberally for the support of the schools. 
 
 ' The preparatory school will be discontinued as soon as practicable. 
 
86 THE CIVIL GOVERNMENT OF COLORADO: 
 
 STUDIES ON PUBLIC EDUCATION. 
 
 1. Index the Constitution, showing all references to educational af- 
 fairs. 
 
 2. What was the origin of school lands? 
 
 3. How much land was given by Congress to the State University 
 and to the Agricultural College respectively? 
 
 4. From what sources are funds for the public schools derived ? 
 
 5. What is the object of a diploma ? 
 
 6. Why does the State provide for public schools? 
 
 7. Are you in favor of an educational qualification for voters ? 
 
 8. Give the date of the annual school meeting in the school districts. 
 
 9. On what basis are the State school funds apportioned among the 
 school districts ? 
 
 10. What is meant by "free text-books" ? 
 
 11. How many people of school age are there in your district? How 
 many attended school last year? What did the school of your district 
 cost last year? How much of this money was spent for you? How 
 much did it cost to provide you one day's schooling? 
 
 12. What is the value of school property in your district ; in your 
 county ; in the State ? 
 
CHAPTER VII. 
 
 BENEVOLENT, PENAL AND REFORMATORY INSTI- 
 TUTIONS. 
 
 118. It is characteristic of a highly developed civiliza- 
 tion that the State ' interests itself in the weak members 
 of its society ; endeavors to improve the condition of the 
 defective and dependent; and enforces the laws against 
 evil-doers. 
 
 119. Classes. — The State must constantly care for the 
 following classes : 
 
 (1) The defective : 
 
 (2) The dependent; 
 
 (3) The delinquent. 
 
 Benevolent Institutions. 
 
 130. The Defective Class includes the insane, the 
 blind, the deaf and dumb, and the feeble-minded. For 
 all these, except the last named, Colorado makes provision. 
 
 The insane may be divided into two classes : those 
 needing special treatment, and those needing only care 
 and oversight. For the latter the law provides conserva- 
 torship, which is secured through the county court." If 
 the court and jury decide that a person needs special 
 treatment, application is made to the superintendent of 
 the insane asylum for the admission of the afflicted per- 
 son. This request must be granted if there are accom- 
 modations for the patient. Colorado's Asylum for the 
 
 Insane is located at pueblo. 
 
 , , ^ 
 
 1 See Art. VI II. Sect. 1-5. '' See § 55, page 50. 
 
 87 
 
88 THE CIVIL GOVERNMENT OF COLORADO. 
 
 121. The School for the Deaf and the Blind is located 
 at Colorado Springs. This institution has a regular course 
 of study. It makes a report to the State board of charities 
 and to the superintendent of public instruction. 
 
 132. The Dependent Class includes those who through 
 some misfortune are unable to procure the necessaries of 
 life and must ask either for aid or entire support. The 
 chairman of the board of county commissioners is superin- 
 tendent of the poor in his county. County commissioners 
 are given power by law to purchase and maintain a poor- 
 house or poor-farm and county hospitals. The poor are 
 cared for at the poor-house, and the sick at the asylum. 
 If a pauper dies within a county of this State, the county 
 commissioners order a decent burial to be given such per- 
 son at the expense of the county. 
 
 An ex-Union soldier, sailor, or marine who dies without 
 leaving means sufficient to defray his funeral expenses, 
 may be buried at the expense of the county. 
 
 123. The State Home for Dependent Children is 
 located at Denver; it is supported by the State. 
 
 124. The Soldiers' and Sailors' Home is located at 
 Monte Vista. " This institution was created for the care 
 and treatment of honorably discharged soldiers, sailors, 
 and marines, who served in the Union army between 
 April 12, 1861, and April 9, 1865, and those dependent 
 upon them, who have been bond fide residents of this State 
 for at least one year next preceding their application for 
 admission to the home." This work of gratitude to the 
 men who preserved the Nation is among the most worthy 
 that has been undertaken by the State. 
 
 Penal and Rbfobmatoby Institutions. 
 
 12.5. The Delinquent Class includes vagabonds and 
 
 criminals. Vagabonds are persons who travel about from 
 
 place to place or who loiter around, having no visible 
 
 means of support. Under the law a vagabond is called a 
 
PENAL AND BEFORMATOUY INSTITUTIONS. 89 
 
 vagrant when found loitering about places where liquor is 
 sold, when begging or when leading an immoral or pro- 
 fligate life. 
 
 There is a sharp distinction to be drawn between a 
 vagrant and a pauper. The first is unworthy ; the second 
 is deserving of aid. 
 
 Criminals are violators of the law. These violations 
 are called crimes or misdemeanors or public offenses. 
 Persons convicted of crimes or misdemeanors are de- 
 tained or imprisoned either in city prisons, county jails, 
 the State Industrial School for Boys, the State Industrial 
 School for Girls, the State Reformatory, or the State Pen- 
 itentiary. 
 
 City prisons are managed by the city authorities and 
 are used only for the detention and punishment of those 
 violating the city ordinances. In most counties of the 
 State the cities use the county jails under certain regula- 
 tions. 
 
 126, A County Jail is provided in most of the counties 
 of the State. The county sheriff has charge of the jail 
 and the prisoners. There were but two counties in the 
 State, in 1894, that provided employment for prisoners, so 
 that in most cases the prisoners were compelled to lead an 
 idle life, a condition of affairs which has led many com- 
 petent prison inspectors to say, " The county and the city 
 jails are common schools of crime and vice." 
 
 127. The State Penitentiary is located at Canon City- 
 The punishment at this institution consists of the hard 
 labor required of every convict, and the silence he is com- 
 pelled to maintain. For infractions of the rules, prisoners 
 are sometimes confined in a dark cell and are compelled 
 to subsist on bread and water for three days. 
 
 Religious services are held in the prison chapel every 
 Sunday morning and Sunday school in the afternoon. 
 Night school is held in the chapel every evening, except 
 Saturday and Sunday. The religious services and the 
 
90 THE CIVIL OOVERNMKNT OF COLORADO. 
 
 night school are under the direct supervision of the chap- 
 lain. 
 
 When a prisoner ' is released from the penitentiary he 
 is given five dollars in money, a suit of clothes, and a 
 railroad ticket to the county from which he was sen- 
 tenced. 
 
 128. The State Reformatory is located at Buena Vista. 
 The object of this institution is to provide a prison for the 
 punishment and reformation of younger criminals not yet 
 hardened in crime. The sentences are for an indefinite 
 time, but must not be for a longer term than would have 
 been imposed had the convict been sentenced to the peni- 
 tentiary. The discipline and general management are 
 similar to those of the penitentiary, the two institutions 
 being managed hy the same board of commissioners. 
 
 129. The State Industrial School is located at Golden, 
 on a farm of forty acres. Boys between the ages of ten 
 and sixteen years, convicted of offenses punishable b}' fine 
 and imprisonment for less than life, may be committed to 
 this school until they are twenty-one years of age, unless 
 they are sooner discharged or bound out to some responsi- 
 ble person. The boys are required to do all th^ work on 
 the farm and about the institution ; are taught a trade ; 
 and are educated in the common branches. 
 
 130. The Industrial School for Girls.— A law was 
 passed in 1887 providing for an industrial school for girls. 
 TJie law provided that rules should be adopted for the 
 moral, physical, intellectual, social, and industrial train- 
 ing of the inmates. Domestic industries take precedence 
 of trades. 
 
 ' In April, 1896, there were 627 male and 12 female convicts in the 
 penitentiary. Only two prisoners in each one hundred were born in 
 Colorado. One-third of the prisoners were born in the five States hav- 
 ing large cities — New York, Pennsylvania, Ohio, Illinois, and Missouri. 
 One-sixth of the prisoners were of foreign birth. Two-thirds of the 
 prisoners were unskilled laborers when committed. 
 
PENAL AND REFORMATORY INSTITUTIONS. 91 
 
 The law contemplates that the State Industrial School, 
 and the Industrial School for Girls, shall be schools and 
 reformatories rather than juvenile prisons. 
 
 The support of these institutions is provided for as 
 follows : The School for the Deaf and the Blind, and the 
 Insane Asylum each receive the proceeds of a tax of one- 
 fifth of a mill on all taxable property in the State, besides 
 special appropriations made by the General Assembly 
 from time to time. The other State institutions are main- 
 tained by special appropriations made by the General 
 Assembly. The county and city institutions are main- 
 tained by the county and city respectively. 
 
 131. Supervisory Boards.— Each of the State institu- 
 tions is managed by a board appointed by the governor. 
 
 The other institutions are under the control of the local 
 authorities. That the best interests of the State and the 
 State's defective, dependent, and delinquent subjects may 
 be conserved, the law provides for a State board of charities 
 and corrections, which has a general supervisory power 
 over the State institutions,' and a State board of pardons, 
 which investigates all applications for executive clemency 
 and reports its findings to the governor.'^ 
 
 In each county there is a countj' board of visitors ap- 
 pointed by the county judge. The board keeps itself 
 advised of the condition and management of the chari- 
 table and corrective institutions in its county and makes 
 suggestions concerning tlieir management. The board 
 also attends the proceedings which are liable to result in 
 committing a boy to the State Industrial School, and coun- 
 sels with the judge in the case. The board makes an an- 
 nual report to the State board of charities and corrections. 
 Neglect and revenge should not characterize our treat- 
 ment of the three classes discussed. Their condition calls 
 for conscientious, philanthropic treatment. 
 
 ' See If 5, page 44. ^ See H 6, page 44. 
 
92 THE CIVIL GOVERNMENT OF COLORADO. 
 
 STUDIES ON BENEVOLENT, PENAL AND REFORM- 
 ATORY INSTITUTIONS. 
 
 1. Name the three classes that must be cared for by the State. 
 
 2. Do you believe the humane spirit is growing? Give reasons. 
 
 3. State your opinion as to the policy of not allowing prisoners in 
 jails to work. 
 
 4. State your opinion in regard to the " indeterminate sentence." 
 
 5. What is meant by ' ' police power ' ' ? 
 
 6. What are the objects in view when the State inflicts punishment? 
 
 7. Should tlie labor of convicts be brought into competition with the 
 labor of honest persons ? 
 
 8. How many inmates are there in the penitentiary at the present 
 time? 
 
CHAPTER VIII. 
 
 ELECTIONS. 
 
 »o>»;o° 
 
 " The good citizen is he who is true to his best 
 nature, and toward, others is just, truthful, merci- 
 ful and helpful." — Db. James H. Baker. 
 
 132. Majority and Minority.' — In a free government 
 the will of the majority is taken as the will of the people. 
 The majority always governs. In a strong, active minor- 
 ity, however, lies the safety of good government. For 
 either the majority or the minority to work effectively 
 there must be organization. This is accomplished by 
 means of political parties. 
 
 133. Political Parties are a necessity in any form of 
 popular government. The object of a political party 
 should be, not simply the possession of the offices for 
 personal profit or emolument, but to enact and to admin- 
 ister the laws for the general welfare. Political parties 
 have existed in our government since the second adminis- 
 tration of Washington, and have grown to have a controlling 
 influence not only in national affairs, but also in the affairs 
 of the State, the county and the city. State political par- 
 
 ' Plurality and Majority Votes.- — When there are more than 
 two candidates for the same office, the successful candidate is usually 
 elected, not by a majority, but by a plurality, vote. The candidate 
 receives a plurality vote when he receives more votes than any other 
 candidate for the same office ; he receives a majority vote when he 
 receives more than half the whole number of votes cast for any office. 
 
 93 
 
94 THE CIVIL GOVERNMENT OF COLORADO. 
 
 ties are usually overshadowed and absorbed by the National- 
 parties.' 
 
 134. Organization. — The organization of a political 
 party consists of three divisions : the primary, the conven- 
 tion and the committee. 
 
 The first and second are temporary bodies^ the third is 
 a permanent one. The efficiency of an association depends 
 upon a systematic method of work. A body needs a head. 
 
 After the primary and the convention have performed 
 their work, the permanent body or committee is entrusted 
 with the interests of the party. The committee, during 
 the campaign before elections, arranges for public meet- 
 ings and for speakers to discuss the questions at issue. 
 There are National, State, county, city and district com- 
 mittees, each party having its own committee. The chair- 
 man of a committee holds an important position, as he is 
 largely responsible for conducting the campaign. The 
 committees are usually chosen either by conventions or 
 by members of the party residing in the territory for which 
 the committee is to serve. 
 
 135. Candidates for the different offices are nominated 
 either in conventions or by certificates of nomination. In- 
 dividual members of the party are not prohibited from 
 voting for any other person of their choice, but there is 
 little probability of any person being elected who is not 
 the regular nominee of some political party. By massing 
 the vote of the members of the party on a single candi- 
 date for each office, there is greater probability of success 
 for the party's ideas, than when each voter selects his own 
 candidate. An evil resulting from voting for part}- nomi- 
 nees is, that in many cases persons are led to vote for 
 unworthy candidates, since they dislike to seem disloyal 
 
 ' "It is well for the State and the Nation that people form different 
 political parties. Errors in the administration of government are less 
 likely to occur and are more quickly remedied when one party keeps a 
 close watch upon the policy and actions of its opponents.' ' 
 
ELECTIONS. 95 
 
 to the party candidates. Upright men may be nominated 
 if good citizens attend the primaries. 
 
 136. Conventions are composed of delegates chosen by 
 the electors belonging to the party in whose interest the 
 convention is held. The delegates composing the county 
 and the district conventions are chosen by the electors in 
 primary elections held in the various voting precincts of 
 the counties. 
 
 The city convention is composed of delegates chosen by 
 the electors in primary elections held in each ward of the 
 city. 
 
 The State convention is composed of delegates phosen 
 by the county conventions. 
 
 The congressional convention is composed of delegates 
 chosen by the electors in the congressional district. 
 
 137. Nominations by Convention. — Candidates are 
 nominated by the different conventions as follows: For 
 the office of President and Vice-President of the United 
 States, by the National convention; for State officers, by 
 the State convention ; for representative to Congress, by 
 the congressional convention; for district judge, district 
 attorney, State senator and representative to the General 
 Assembly, by the district convention ; for the elective 
 county offices, by the county convention; and for the 
 elective city offices, by the city convention. Only par- 
 ties that cast one-tenth of the total vote at the preceding 
 election are entitled to nominate candidates. 
 
 138. Nominations by Certificate. — Candidates for any 
 office may be nominated by certificate. A certificate of 
 nomination for any office must contain the name, resi- 
 dence, business and address of the candidate, the party 
 which he represents, and the office for which he is nom- 
 inated. If the nomination is for a State office, the certifi- 
 cate must be signed by not less than five hundred electors ; 
 if the nomin.ation is for any district or county office, the 
 certificate must be signed by not less than one hundred 
 
96 THE CIVIL GOVERNMENT OF COLORADO. 
 
 electors; if the nomination is for an oiRce in districts less 
 than a count}', the certificate must be signed by not less 
 than fifty electors. All certificates must be filed not less 
 than fifteen days before election day. All corrections must 
 be made at least eight days before the election. 
 
 139. The Ticket is made up as follows: A certificate 
 of all nominations made by conventions, containing the 
 name, residence, business and address of each candidate 
 and the office for which he is named, together with the 
 name of the party represented by the convention, must be 
 signed by the presiding officer and the secretary of the con- 
 vention, and delivered to the proper officer within five 
 days after the adjournment of the convention. Nomina- 
 tions by certificate must also be filed with the proper ofiicer. 
 
 All certificates of nomination of candidates for electors 
 for President and Vice-President of the United States, and 
 candidates for State offices or for any division greater than 
 the county, are filed with the secretary of State. 
 
 Certificates of nomination for county and precinct offices 
 are filed with the county clerk and recorder, and those for 
 the city offices are filed with the city clerk. 
 
 The secretary of State, from the certificates of, nomina- 
 tions filed in his office, certifies to the county clerks the 
 name and place of residence of each of the candidates for 
 offices higher than the county, to be voted for in the re- 
 spective counties. 
 
 The county clerk completes the list of candidates from 
 the certificates of nominations filed in his office and pub- 
 lishes the same at least six days before an election. The 
 city clerk does the same before a city election. The 
 official ballot contains the names of all the candidates 
 that have been nominated for office. 
 
 140. Elections. — All elections in this State, except 
 school district' elections and elections for United States 
 
 ' The regular election oecui-s in each school district on the fii-st Mon- 
 
ELECTIONS. 97 
 
 senators/ are held in accordance with the modified Aus- 
 tralian ballot law passed by the General Assembly in 1891. 
 The regular elections for Presidential electors, members 
 of Congress, State and county officers, members of the 
 General Assembly, district judge and district attorney, 
 are held on the first Tuesday after the first Monday in 
 November. The regular town and city election is held on 
 the first Tuesday in April. 
 
 141, Judges of Election. — For each voting precinct 
 three judges of election, representing at least two political 
 parties, are appointed. These judges have general super- 
 vision of the polling-place and ballot-box; declare the 
 opening and closing of the polls ; appoint two clerks to 
 assist them; and see that the election laws are complied 
 with. At the close of the polls, they count the votes and 
 certify the result to the town, city or county clerk, as the 
 case may be. They have charge of the ballot-boxes and 
 return all ballots voted, those spoiled and those unused. 
 
 142. Voting. — The polling-places are provided at the 
 public expense. Each polling-place is provided with a 
 guard rail, and with one voting-booth for each fifty voters 
 in the precinct. The voters, judges and clerks are the only 
 persons allowed behind the guard rail. 
 
 When the voter gives his name he is admitted behind 
 the guard rail, if his name is found on the registry list. 
 The judge supplies the voter with an official ballot. This 
 ballot must be endorsed with the initials of the judge fur- 
 nishing it. The voter then retires into one of the compart- 
 
 day in May. Any person who desires to be a candidate for the office of 
 school director in districts of the first or second class must file a written 
 notice of such intention with the district secretary at least eight days 
 before the election. The district secretary, for five consecutive days pre- 
 ceding the election, publishes a list of the candidates. The members of 
 the school board are the judges of the election in all school districts. 
 
 ' United States senators are elected by the General Assembly to serve 
 for six years. 
 
 7— Col I 
 
98 THE CIVIL GOVERNMENT OF COLOBADO. 
 
 merits to prepare his ballot. This is done by placing a 
 cross (X) in the square after the name of each person for 
 whom he desires to vote, or if he wishes to vote a straight 
 ticket, that is, to vote for all the candidates of one party, 
 he may place a cross (X) in the square after the party 
 emblem or device which is printed at the top of the bal- 
 lot, or he may write in blank spaces left for the purpose, 
 the names of candidates of his own choice. If the ballot 
 contains a question submitted to the people, the voter 
 places the same kind of mark (X) in the square after the 
 word or words that show how he desires to vote. 
 
 The voter then folds his ballot so that no one can see 
 how he voted, hands it to the judge of election, who num- 
 bers it and pastes down the corner covering the number. 
 The number of the ballot and the voter's name are entered 
 in the poll-book. The judge hands the ballot to the voter, 
 who deposits it in the ballot-box, and immediately leaves 
 the polling-place. Illiterate voters may have the assistance 
 of the judges in making out their ballots.' 
 
 143. Determining the Results. — Votes are received 
 from 7 A. M. until 7 p. m. Immediately after the polls are 
 closed, the judges of election unlock the ballot-box, count 
 the votes and prepare a written statement showing the 
 number of votes cast for each candidate. In city elec- 
 tions the returns are made to the city clerk. The council 
 canvass the returns and the candidates having the high- 
 est number of votes are given certificates of election. In 
 all other elections the returns are made to the county 
 clerk. The county clerk calls to his assistance two jus- 
 tices of the peace, one from each of the two leading 
 political parties; the clerk and the justices canvass the 
 vote and determine the number of votes cast for each can- 
 didate. The county clerk issues certificates of election to 
 
 ' The object of the Australian ballot system is that the ballot may be 
 made absolutely secret, and in this manner the voter may be allowed to 
 express his opinion at tlie ballot-box unmolested. 
 
ELECTIONS. 99 
 
 the candidates for county and precinct offices who have 
 received the highest numher of votes. He also makes 
 abstracts of the number of votes cast for all State and 
 district offices, for members of the legislature, representa- 
 tives in Congress and electors for President and Vice- 
 President of the United States if these are voted for at 
 this election, and forwards them to the secretary of State. 
 This officer presents the abstracts, with the exception of 
 that for the executive offices of the State government,' to 
 the State board of canvassers.^ This board examines the 
 statements and determines which candidates have received 
 the higliest number of votes, and the secretary of State 
 issues certificates of election in accordance with the deci- 
 sion of the board. 
 
 144. Safeguards Against Fraud. — In order to secure 
 an honest expression of the people's choice in elections, 
 many laws have been passed to protect electors and to 
 prevent or punish corruption and evil practices. To pre- 
 vent the casting of illegal votes each elector must be regis- 
 tered. A permanent register is kept by the county clerk 
 for the registration of voters living within the limits of 
 cities of the first and second classes. In this book is en- 
 tered the name, address and description of the elector. 
 Voters must be registered fifteen (Jays before an election. 
 
 In other precincts the judges of election sit as a board 
 of registration. Voters are privileged from arrest during 
 their attendance at elections, except for treason, felony or 
 breach of the peace. Another safeguard against illegal 
 voting is that the vote of any elector may be challenged, 
 in which case he is not allowed to vote, unless he takes 
 an oath affirming his qualifications. 
 
 Polling places must not be within fifty feet of a saloon, 
 
 '■ The General Assembly in joint session canvasses the vote for the 
 executive offices of the State. The abstract of votes from the various 
 counties is delivered to the speaker of the House by the secretary of 
 State. 2 See If 1, page 42. 
 
100 THE CIVIL GOVERNMENT OF COLORADO. 
 
 and all saloons must be closed on election day. No elec- 
 tioneering is allowed within one hundred feet of the poll- 
 ing place. Employes may, without loss of pay, take two 
 hours in which to vote. 
 
 Each candidate is required to file with the county clerk 
 within thirty days after the election, a sworn statement 
 of the amount of money expended by him for election 
 purposes, giving the names of the persons to whom the 
 money was paid ; and each party or campaign committee 
 is required to file a similar statement showing in detail 
 the amount of money received, and the purpose for which 
 it was expended. These statements are published. The 
 violation of these provisions is punishable by fine and 
 imprisonment. 
 
 There are so many ways in which corruption in elections 
 is possible, that the greatest care should be taken to frame 
 and enforce strict laws to check it. 
 
 145. Contested Elections. — Where a candidate for 
 office who has been declared defeated is not satisfied with 
 the result, provision is made by law by which he may 
 contest the election. This constitutes a valuable safeguard 
 against fraudulent elections. 
 
 Contested elections for presidential elector or judge of 
 the supreme court ai;e tried before the supreme court, 
 but no judge may decide his own case. Contests for 
 district and count}'^ courts are tried before the district 
 court. No judge may decide his own case. Contests for 
 the State executive offices are heard by the General As- 
 sembly; each house is judge of the contested election of 
 its own members. Contests for city offices are heard by 
 the city council. All other contested elections are tried 
 before the county judge. 
 
 146. The Offlcer-Blect.— The candidate who has re- 
 ceived the certificate of election is the officer-elect. When 
 the term for which his predecessor was elected or appointed 
 has expired, and when he has qualified, by taking an oath 
 
STUDIES ON ELECTIONS. 101 
 
 to support tlie Constitution of the United States and of 
 the State of Colorado, and faithfully to discharge the duties 
 of his office, and by filing the proper bond, he becomes a 
 public officer. 
 
 Officers of the executive department and judge of the 
 supreme and district courts and district attorneys file their 
 oath of office with the secretary of State. All other offi- 
 cers file their oath of office with the county clerk of the 
 county in which they are elected. 
 
 STUDIES ON ELECTIONS. 
 
 1. What does the word politics mean? 
 
 2. What can one citizen do to secure good nominations ? 
 
 3. How do people know who are elected, long before the boards of 
 canvassers meet? 
 
 4. Should a person change his political principles while in office? 
 
 5. Make a ticket for the next general election. 
 
 6. Is bolting ever justifiable? 
 
 7. What advantages has election over appointment ? What advan- 
 tages has appointment over election ? 
 
 8. Should school directors belong to the majority party? Why? 
 
 9. What is meant by the "Australian Ballot" ? 
 
 10. How would you decide which of several candidates to vote for ? 
 
 11. What is your opinion of " voting the straight ticket" ? 
 
 12. What is your opinion of "voting for the best man" ? 
 
 13. What do you mean by "voting for the issue" ? 
 
CONSTITUTION 
 
 STATE OF COLORADO. 
 
 »<j>»;o« 
 
 PREAMBLE. 
 
 We, the people of Colorado, with profound reverence for the 
 Supreme Ruler of the Universe, in order to form a more indepen- 
 dent and perfect government; estabUsh justice; insure tranquillity; 
 provide for the common defense ; promote the general welfare and 
 secure the blessings of liberty to ourselves and our posterity, do or- 
 dain and establish this Constitution for the " State of Colorado." 
 
 ARTICLE L 
 
 BOUNDARIES. 
 
 The boundaries of the State of Colorado shall be as follows : 
 Commencing on the thirty-seventh parallel of north latitude, where 
 the twenty-fifth meridian of longitude west from Washington crosses 
 the same ; thence north, on said meridian, to the forty-first parallel 
 of north latitude ; thence, along said parallel, west to the thirty- 
 second meridian of longitude west from Washington ; thence south 
 on said meridian, to the thirty-seventh parallel of north latitude ; 
 thence along said thirty-seventh parallel of north latitude, to the 
 place of beginning. 
 
 ARTICLE II. 
 
 BILL OF RIGHTS. 
 
 In order to assert our rights, acknowledge our duties, and pro- 
 claim the principles upon which our government is founded, we 
 declare : 
 
 Section i. That all political power is vested in and derived 
 from the people ; that all government, of right, originates from the 
 people, is founded upon their will only, and is instituted solely for 
 the good of the whole. 
 
 102 
 
CONSTITUTION OF COLORADO. 103 
 
 Sec. 2. That the people of this State have the sole and exclu- 
 sive right of governing themselves, as a free, sovereign and inde- 
 pendent State ; and to alter and abolish their Constitution and form 
 of government vi^henever they may deem it necessary to their safety 
 and happiness ; Provided, Such change be not repugnant to the 
 Constitution of the United States. 
 
 Sec. 3. That all persons have certain natural, essential and in- 
 alienable rights, among which may be reckoned the right of enjoy- 
 ing and defending their lives and liberties ; that of acquiring, pos- 
 sessing and protecting property ; and of seeking and obtaining their 
 safety and happiness. 
 
 Sec. 4. That the free exercise and enjoyment of religious pro- 
 fession and worship, without discrimination, shall forever hereafter 
 be guaranteed ; and no person shall be denied any civil or political 
 right, privilege or capacity, on account of his opinions concerning 
 religion ; but the liberty of conscience hereby secured shall not be 
 construed to dispense with oaths or affirmations, excuse acts of 
 licentiousness, or justify practices inconsistent with the good order, 
 peace or safety of the State. No person shall be required to attend 
 or support any ministry or place of worship, religious sect, or de- 
 nomination against his consent. Nor shall any preference be given 
 by law to any religious denominaticin or mode of worship. 
 
 Sec. 5. That all elections shall be free and open ; and no 
 power, civil or mihtary, shall at any time interfere to prevent the 
 free exercise of the right of suffrage. 
 
 Sec. 6. That courts of justice shall be open to every person, 
 and a speedy remedy afforded for every injury to person, property 
 or character; and that right and justice should be administered 
 without sale, denial or delay. 
 
 Sec. 7. That the people shall be secure in their persons, papers, 
 homes and effects from unreasonable searches and seizures ; and 
 no warrant to search any place or seize any person or thing shall 
 issue without describing the place to be searched, or the person or 
 thing to be seized, as near as may be, nor without probable cause, 
 supported by oath or affirmation reduced to writing. 
 
 Sec. 8. That until otherwise provided by law, no person shall, 
 for a felony, be proceeded against criminally, otherwise than by 
 indictment, except in cases arising in the land or naval forces, or 
 in the militia when in actual service in time of war or public dan- 
 ger. In all other cases, offenses shall be prosecuted criminally by 
 indictment or information. 
 
 Sec. 9. That treason against the State can consist only in levy- 
 ing war against it, or in adhering to its enemies, giving them aid 
 
104 OONSTITVTION OF COLORADO. 
 
 and comfort ; that no person can be convicted of treason unless 
 on the testimony of two witnesses to the same overt act, or on his 
 confession in open court ; that no person can be attainted of treason 
 or felony by the General Assembly ; that no conviction can work 
 corruption of blood or forfeiture of estate ; that the estates of such 
 persons as may destroy their own lives shall descend or vest as in 
 cases of natural death. 
 
 Sec. io. That no law shall be passed impairing the freedom 
 of speech ; that every person shall be free to speak, write or pub- 
 lish whatever he will on any subject, being responsible for all abuse 
 of that liberty ; and that in all suits and prosecutions for libel, the 
 truth thereof may be given in evidence, and the jury, under the 
 direction of the court, shall determine the law and the fact. 
 
 Sec. II. That no ex post facto law, nor law impairing the obli- 
 gation of contracts, or retrospective in its operation, or making any 
 irrevocable grant of special privileges, franchises or immunities, 
 shall be passed by the General Assembly. 
 
 Sec. 12. That no person shall be imprisoned for debt, unless 
 upon refusal to deliver up his estate for the benefit of his creditors, 
 in such manner as shall be prescribed by law, or in cases of tort or 
 where there is a strong presumption of fraud. 
 
 Sec. 13. That the right of no person to keep and bear arms in 
 defense of his home, person and property, or in aid of the civil power 
 when thereto legally summoned, shall be called in question ; but 
 nothing herein contained shall be construed to justify the practice 
 of carrying concealed weapons. 
 
 Sec. 14. That private property shall not be taken for private use 
 unless by consent of the owner, except for private ways of neces- 
 sity and except for reservoirs, drains, flumes or ditches on or across 
 the lands of others, for agricultural, mining, milling, domestic or 
 sanitary purposes. 
 
 Sec. 15. That private property shall not be taken or damaged, 
 for pubhc or private use, without just compensation. Such com- 
 pensation shall be ascertained by a board of commissioners, of not 
 less than three freeholders, or by a jury, when required by the 
 owner of the property, in such manner as may be prescribed by 
 law, and until the same shall be paid to the owner, or into court 
 for the owner, the property shall not be needlessly disturbed, or the 
 proprietary rights of the owner therein divested ; and whenever an 
 attempt is made to take private property for a use alleged to be 
 public, the question whether the contemplated use be really public, 
 shall be a judicial question, and determined as such without regard 
 to any legislative assertion that the use is public 
 
CONSTITUTION OF COLORADO. 105 
 
 Sec. i6. That in criminal prosecutions the accused shall have 
 the right to appear and defend in person and by counsel ; to de- 
 mand the nature and cause of the accusation ; to meet the wit- 
 nesses against him face to face ; to have process to compel the at- 
 tendance of witnesses in his behalf, and a speedy pubUc trial by 
 an impartial jury of the county or district in which the offense is 
 alleged to have been committed. 
 
 Sec. 17. That no person shall be imprisoned for the purpose 
 of securing his testimony in any case longer than may be neces- 
 sary in order to take his deposition. If he can give security he 
 shall be discharged ; if he cannot give security, his deposition 
 shall be taken by some judge of the supreme, district or county 
 court, at the earhest time he can attend, at some convenient place 
 by him appointed for that purpose, of which time and place the 
 accused and the attorney prosfecuting for the people, shall have 
 reasonable notice. The accused shall have the right to appear in 
 person and by counsel. If he have no counsel, the judge shall as- 
 sign him one in that behalf only. On the completion of such ex- 
 amination the witness shall be discharged on his own recognizance, 
 entered into before said judge, but such deposition shall not be 
 used, if, in the opinion of the court, the personal attendance of the 
 witness might be procured by the prosecution, or is procured by the 
 accused. No exception shall be taken to such deposition as to 
 matters of form. 
 
 Sec. 18. That no person shall be compelled to testify against 
 himself in a criminal case, nor shall any person be twice put in 
 jeopardy for the same offense. If the jury disagree, or if the judg- 
 ment be arrested after the verdict, or if the judgment be reversed 
 for error in law, the accused shall not be deemed to have been in 
 jeopardy. 
 
 Sec. 19. That all persons shall be bailable by sufficient sure- 
 ties, except for capital offenses, when the proof is evident or the 
 presumption great. 
 
 Sec. 20. That excessive bail shall not be required, nor exces- 
 sive fines imposed, nor cruel and unusual punishments inflicted. 
 
 Sec, 21. That the privilege of the writ of habeas corpus shall 
 never be suspended, unless when in case of rebellion or invasion, 
 the public safety may require it. 
 
 Sec. 22. That the military shall always be in strict subordina- 
 tion to the civil power ; that no soldier shall, in time of peace, be 
 quartered in any house without the consent of the owner, nor in 
 time of war except in the manner prescribed by law. 
 
 Sec. 23. The ri^ht of trial by jury shall remain inviolate in 
 
106 CONSTITUTION OF COLORADO. 
 
 criminal cases, but a jury in civil cases in all courts, or in criminal 
 cases in courts not of record, may consist of less than twelve men, 
 as may be prescribed by law. Hereafter a grand jury shall consist 
 of twelve men, any nine of whom concurring may find an indict- 
 ment : Provided, The General Assembly may change, regulate or 
 abolish the grand jury system. 
 
 Sec. 24. That the people have the right peaceably to assemble 
 for the common good, and to apply to those invested with the 
 powers of government for redress of grievances, by petition or 
 remonstrance. 
 
 Sec. 25. That no person shall be deprived of life, liberty or 
 property, without due process of law. 
 
 Sec. 26. That there shall never be in this State either slavery 
 or involuntary servitude, except as a punishment for crime, whereof 
 the party shall have been duly convicted. 
 
 Sec. 27. Aliens, who are or may hereafter become bona fide -^^v- 
 dents of this State, may acquire, inherit, possess, enjoy and dispose 
 of property, real and personal, as native born citizens. 
 
 Sec. 28. The enumeration in this Constitution of certain rights 
 shall not be construed to deny, impair, or disparage others retained 
 by the people. 
 
 ARTICLE III. 
 
 DISTRIBUTION OF POWERS. 
 
 The powers of the government of this State are divided into 
 three distinct departments — the legislative, executiTC and judicial — 
 and no person, or collection of persons, charged with the exercise 
 of powers properly belonging to one of these departments shall 
 exercise any power properly belonging to either of the others 
 except as in this Constitution expressly directed or permitted. 
 
 ARTICLE IV. 
 
 EXECUTIVE DEPARTMENT. 
 
 Section i. The Executive department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, Auditor of State, 
 State Treasurer, Attorney-General, and Superintendent of Public 
 Instruction, each of whom shall hold his office for the term of two 
 years, beginning on the second Tuesday of January next after his 
 election ; I^ovided, That the terms of office of those chosen at 
 the first election held under this Constitution shall begin on the 
 day appointed for the first meeting of the General Assembly. The 
 officers of the executive department, except the Lieutenant-Gov- 
 ernor, shall, during their term of office, reside at the seat of govern- 
 
CONSTITUTION OF COLORADO. 107 
 
 ment, where they shall keep the public records, books and papers. 
 They shall perform such duties as are prescribed by this Constitu- 
 tion or by law. 
 
 Sec. 2. The supreme executive power of the State shall be 
 vested in the Governor, who shall take care that the laws be faith- 
 fully executed. 
 
 Sec. 3. The officers named in section one of this article shall be 
 chosen on the day of the general election, by the qualified electors 
 of the State. The returns of every election for said officers shall 
 be sealed up and transmitted to the Secretary of State, directed to 
 the Speaker of the House of Representatives, who shall immedi- 
 ately, upon the organization of the House, and before proceeding 
 to other business, open and publish the same in the presence of a 
 majority of the members of both Houses of the General Assembly, 
 who shall, for that purpose, assemble in the House of Representa- 
 tives. The person having the highest number of votes for either 
 of said offices shall be declared duly elected, but if two or more 
 have an equal and the highest number of votes for the same office, 
 one of them shall be chosen thereto by the two Houses, on joint 
 ballot. Contested elections for said offices shall be determined by 
 the two Houses, on joint ballot, in such manner as may be pre- 
 scribed by law. 
 
 Sec. 4. No person shall be eligible to the office of Governor, 
 Lieutenant-Governor, or Superintendent of Public Instruction, 
 unless he shall have attained the age of thirty years, nor to the 
 office of Auditor of State, Secretary of State, or State Treasurer, 
 unless he shall have attained the age of twenty-five years, nor to 
 the office of Attorney-General unless he shall have attained the age 
 of twenty-five years, and be a licensed attorney of the supreme 
 court of the' State, or of the Territory of Colorado, in good standing. 
 At the first election under this Constitution, any person being a 
 qualified elector at the time of the adoption of this Constitution, 
 and having the qualifications above herein prescribed for any one 
 of said offices, shall be eligible thereto ; but thereafter no person 
 shall be eligible to any one of said offices, unless, in addition to 
 the qualifications above prescribed therefor, he shall be a citizen 
 of the United States, and have resided within the limits of the 
 State two years next preceding his election. 
 
 Sec. 5. The Governor shall be Commander-in-chief of the 
 military forces of the State, except when they shall be called into 
 actual service of the United States. He shall have power to call 
 out the militia to execute the laws, suppress insurrection or repel 
 invasion. 
 
108 CONSTITUTION OF COLORADO. 
 
 Sec. 6. The Governor shall nominate, and by and with the con- 
 sent of the Senate, appoint 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, and may 
 remove any such officer for incompetency, neglect of duty or mal- 
 feasance in office. If, during the recess of the Senate, a vacancy 
 occur in any such office, the Governor shall appoint some fit person 
 to discharge the duties thereof until the next meeting of the Senate, 
 when he shall nominate 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, shall be 
 vacated by death, resignation, or otherwise, it shall be the duty of 
 the Governor to fill the same by appointment, and the appointee 
 shall hold his office until his successor shall be elected and qualified 
 in such manner as may be provided by law. The Senate, in delib- 
 erating upon executive nominations, may sit with closed doors, but 
 in acting upon nominations they shall sit with open doors, and the 
 vote shall be taken by ayes and noes, which shall be entered upon 
 the journal. 
 
 Sec. 7. The Governor shall have power to grant reprieves, com- 
 mutations and pardons after conviction, for all offenses except trea- 
 son, and except in case of impeachment, subject to such regulations 
 as may be prescribed by law relative to the manner of applying for 
 pardons, but he shall in every case where he may exercise this 
 power, send to the General Assembly, at its first session thereafter, 
 a transcript of the petition, all proceedings, and the reasons for his 
 action. 
 
 Sec. 8. The Governor may require information in writing from 
 the officers of the executive department upon any subject relating 
 to the duties of their respective offices, which information shall be 
 given upon oath whenever so required ; he may also require infor- 
 mation in writing at any time, under oath, from all officers and 
 managers of State inslitutions, upon any subject relating to the con- 
 dition, management and expenses of their respective offices and 
 institutions. The Governor shall, at the commencement of each 
 session and from time to time, by message, give to the General 
 Assembly information of the condition of the State and shall 
 recommend such measures as he shall deem expedient. He shall 
 also send to the General Assembly a statement with vouchers, of 
 the expenditures of all moneys belonging to the State and paid out 
 by him. He shall also, at the commencement of each session, 
 present estimates of the amount of money required to be raised by 
 taxation for all purposes of the State, 
 
CONSTITUTION OF COLORADO. 109 
 
 Sec. 9. The Governor may, on extraordinary occasions, convene 
 the General Assembly, by proclamation, stating therein the purpose 
 for which it is to assemble ; but at such special session no business 
 shall be transacted other than that specially named in the procla- 
 mation. He may, by proclamation, convene the Senate in extraor- 
 dinary session for the transaction of executive business. 
 
 Sec. 10. The Governor, in case of a disagreement between the 
 two Houses as to the time of adjournment, may, upon the same 
 being certified to him, by the House last moving adjournment, 
 adjourn the General Assembly to a day not later than the first day 
 of the next regular session. 
 
 Sec. II. Every bill passed by the General Assembly shall, 
 before it becomes a law, be presented to the Governor. If he 
 approve, he shall sign it, and thereupon it shall become a law ; but 
 if he do not approve, he shall return it with his objections to the 
 House in which it originated, which House shall enter the objec- 
 tions at large upon its journal, and proceed to reconsider the bill. 
 If then, two-thirds of the members elected agree to pass the same, 
 it shall be sent, together with the objections, to the other House, 
 by which it shall likewise be reconsidered, and if approved by two- 
 thirds of the members elected to that House, it shall become a law, 
 notwithstanding the objections of the Governor. In all such cases 
 the vote of each House shall be determined by ayes and noes, to 
 be entered upon the journal. If any bill shall not be returned by 
 the Governor within ten days after it shall have been presented to 
 him, the same shall be a law in like manner as if he had signed it, 
 unless the General Assembly shall, by their adjournment, prevent 
 its return, in which case it shall be filed, with his objections, in the 
 office of the Secretary of State within thirty days after such adjourn- 
 ment, or else become a law. 
 
 Sec. 12. The Governor shall have power to disapprove of any 
 item or items of any bill making appropriations of money, embra- 
 cing distinct items, and the part or parts of the bill approved shall 
 be law, and the item or items disapproved shall be void, unless 
 enacted in manner following: If the General Assembly be in 
 session, he shall transmit to the House in which the bill originated 
 a copy of the item or items thereof disapproved, together with his 
 objections thereto, and the items objected to shall be separately 
 reconsidered, "and each item shall then take the same course as is 
 prescribed for the passage of bills over the executive veto. 
 
 LIEUTENANT-GOVERNOR. 
 
 Sec. 13. In case of the death, impeachment, or conviction of 
 
 K 
 
110 CONSTITUTION OF COLORADO. 
 
 felony or infamous misdemeanor, failure to qualify, resignation, 
 absence from the State, or other disability of the Governor, the 
 powers, duties and emoluments of the office, for the residue of the 
 term, or until the disability be removed, shall devolve upon the 
 Lieutenant-Governor. 
 
 Sec. 14. The Lieutenant-Governor shall be President of the 
 Senate, and shall vote only when the Senate is equally divided. 
 In case of the absence, impeachment, or disqualification from any 
 cause of the Lieutenant-Governor, or when he shall hold the office 
 of Governor, then the President pro tempore of the Senate shall 
 perform the duties of the Lieutenant-Governor, until the vacancy 
 is filled or the disability removed. 
 
 Sec. 15. In case of the failure to qualify in his office, death, 
 resignation, absence from the State, impeachment, conviction of 
 felony or infamous misdemeanor, or disqualification from any 
 cause, of both the Governor and Lieutenant-Governor, the duties 
 of the Governor shall devolve on the President of the Senate 
 pro tempore, until such disqualification of either the Governor or 
 Lieutenant-Governor be removed, or the vacancy be filled ; and if 
 the President of the Senate, for any of the above-named causes, 
 shall become incapable of performing the duties of Governor, the 
 same shall devolve upon the Speaker of the House. 
 
 Sec. 16. An account shall be kept by the officers of the execu- 
 tive department and of all public institutions of the State, of all 
 moneys received by them severally from all sources, and for every 
 service performed, and of all moneys disbursed by them severally, 
 and a semi-annual report thereof shall be made to the Governor, 
 under oath. 
 
 Sec. 17. The officers of the executive department, and of all 
 public institutions of the State, shall at least twenty days preceding 
 each regular session of the General Assembly, make full and com- 
 plete reports of their actions to the Governor, who shall transmit 
 the same to the General Assembly. 
 
 Sec. 18. There shall be a seal of the State, which shall be kept 
 by the Secretary of State, and shall be called the "Great Seal of 
 the State of Colorado." The seal of the Territory of Colorado as now 
 used shall be the seal of the State until otherwise provided by law. 
 
 Sec. 19. The officers named in section one of this article shall 
 receive for their services a salary to be established by law, which 
 shall not be increased or diminished during their official terms. It 
 shall be the duty of all such officers to collect in advance all fees 
 prescribed by law for services rendered by them severally, and pay 
 the same into the State Treasury. 
 
CONSTITUTION OF COLORADO. Ill 
 
 Sec. 20. The Superintendent of Public Instruction shall be 
 ex officio State Librarian. 
 
 Sec. 21. Neither the State Treasurer nor State Auditor shall be 
 eligible for re-election as his own immediate successor. 
 
 ARTICLE V. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section i. The legislative power shall be vested in the 
 General Assembly, which shall consist of a Senate and House of 
 Representatives, both to be elected by the people. 
 
 Sec. 2. An election for members of the General Assembly 
 shall be held on the first Tuesday in October, in the years of our Lord 
 1876 and 1878, and in each altg-nate year thereafter, on such day, at 
 such places in each county as now are or hereafter may be provided 
 by law. The first election for members of the General Assembly 
 under the State organization shall be conducted in the manner pre- 
 scribed by the laws of Colorado Territory regulating elections for 
 members of the legislative assembly thereof. When vacancies 
 occur in either House, the Governor, or person exercising the 
 powers of Governor, shall issue writs of election to fill such vacan- 
 cies. 
 
 Sec. 3. Senators shall be elected for the term of four years 
 except as hereinafter provided, and Representatives for the term 
 of two years. 
 
 Sec. 4. No person shall be a Representative or Senator who 
 shall not have attained the age of twenty-five years, who shall not 
 be a citizen of the United States, who shall not for at least twelve 
 months next preceding his election have resided within the territory 
 included in the limits of the county or district in which he shall be 
 chosen ; Provided, That any person who, at the time of the adop- 
 tion of this Constitution, was a quahfied elector under the Territorial 
 laws, shall be eligible to the first General Assembly. 
 
 Sec. 5. The Senators at their first session, shall be divided into 
 two classes. Those elected in districts designated by even numbers 
 shall constitute one class ; those elected in districts designated by 
 odd numbers shall constitute the other class, except that Senators 
 elected in each of the districts having more than one Senator shall 
 be equally divided between the two classes. The Senators of one 
 class shall hold for two years ; those of the other class shall hold 
 for four years — to be decided by lot between the two classes, so that 
 one-half of the Senators, as near as practicable, may be biennially 
 chosen forever thereafter. 
 
112 CONSTITUTION OF COLORADO. 
 
 Sec. 6. Each member of the General Assembly, until otherwise 
 provided by law, shall receive as compensation for his services, 
 seven dollars ($7.00) for each day's attendance and fifteen (15) 
 xents for each mile necessarily traveled in going to and returning 
 from the seat of government, and shall receive no other compensa- 
 tion, perquisite, or allowance whatsoever. No session of the Gen- 
 eral Assembly shall exceed ninety days. No General Assembly 
 shall fix its own compensation. 
 
 Sec. 7. The General Assembly shall meet at 12 o'clock, noon, 
 on the first Wednesday in November, A. D. 1876, and at 12 o'clock, 
 noon, on the first Wednesday in January, A. D. 1879, and at 12 
 o'clock, noon, on the first Wednesday in January of each alternate 
 year forever thereafter, and at other times when convened by the 
 Governor. The term of service of the members thereof shall be- 
 gin on the first Wednesday of November next after their election, 
 until otherwise provided by law. 
 
 Sec. 8. No Senator or Representative shall, during the time for 
 which he shall have- been elected, be appointed to any civil office 
 under this State ; and no member of Congress, or other person 
 holding any office (except of attorney-at-law, notary public, or in 
 the militia) under the United States or this State, shall be a mem- 
 ber of either House during his continuance in office. 
 
 Sec. 9. No member of either House shall, during the term for 
 which he may have been elected, receive any increase of salary or 
 mileage, under any law passed during such term. 
 
 Sec. 10. The Senate shall, at the beginning and close of each 
 regular session and at such other times as may be necessary, elect 
 one of its members President ^ro tempore. The House of Repre- 
 sentatives shall elect one of its members as Speaker. Each House 
 shall choose its other officers, and shall judge of the election and 
 qualification of its members. 
 
 Sec. II. A majority of each House shall constitute a quorum, 
 but a smaller number may adjourn from day to day, and compel the 
 attendance of absent members. 
 
 Sec. 12. Each House shall have power to determine the rules 
 of its proceedings and punish its members or other persons for 
 contempt or disorderly behavior in its presence ; to enforce obedi- 
 ence to its process ; to protect its members against violence, or 
 offers of bribes or private solicitation, and, wath the concurrence of 
 two-thirds, to expel a member, but not a second time for the same 
 cause, and shall have all other powers necessary for the legislature 
 of a free State. A member expelled for corruption shall not there- 
 after be eligible to either House of the same General Assembly, 
 
CONSTITUTION OF COLORADO. 113 
 
 and punishment for contempt or disorderly behavior shall not bar 
 an indictment for the same offense. 
 
 Sec. 13. Each House shall keep a journal of its proceedings, 
 and may in its discretion, from time to time, publish the same, ex- 
 cept such parts as require secrecy, and the ayes and noes on any 
 question shall, at the desire of any two members, be entered on the 
 journal. 
 
 Sec. 14. The sessions of each House, and of the committees 
 of the whole, shall be open, unless when the business is such as 
 ought to be kept secret. 
 
 Sec. 15. Neither House shall without the consent of the other 
 adjourn for more than three days, nor to any other place than that 
 in which the two Houses shall be sitting. 
 
 Sec. 16. The members of the General Assembly shall in all 
 cases except treason, felony, violation of their oath of office, and 
 breach or surety of the peace, be privileged from arrest during their 
 attendance at the sessions of their respective Houses, and in going 
 to and returning from the same ; and for any speech or debate in 
 either House they shall not be questioned in any other place. 
 
 Sec. 17. No law shall be passed except by bill, and no bill shall 
 be so altered or amended on its passage through either House as to 
 change its original purpose. 
 
 Sec. 18. The style of the laws of this State shall be : Be it en- 
 acted by the General Assembly of the State of Colorado" 
 
 Sec. 19. No act of the General Assembly shall take effect until 
 ninety days after its passage (except in cases of emergency, which 
 shall be expressed in the act), unless the General Assembly shall, 
 by a vote of two-thirds of all the members elected to each House, 
 otherwise direct. No bill, except the general appropriation bill for 
 the expenses of the government- only, which shall be introduced in 
 either House of the General Assembly after the first thirty days of 
 the session, shall become a law. 
 
 Sec. 20. No bill shall be considered or become a law unless 
 referred to a committee, returned therefrom, and printed for the 
 use of the members. 
 
 Sec. 21. No bill except general appropriation bills shall be 
 passed containing more than one subject, which shall be clearly 
 expressed in its title ; but if any subject shall be embraced in any 
 act which shall not be expressed in the title, such act shall be void 
 only as to so much thereof as shall not be so expressed. 
 
 Sec. 22. Every bill shall be rerad by title when introduced, and 
 at length on two different days in each House ; all substantial 
 amendments made thereto, shall be printed for the use of the 
 8— Col 
 
]]4 CONSTITUTION OF COLORADO. 
 
 members before the final vote is taken on the bill ; and no bill 
 shall become a law except by vote of a majority of all the members 
 elected to each House, nor unless on its final passage the vote be 
 taken by ayes and noes, and the names of those voting be entered 
 on the journal. 
 
 Sec. 23. No amendment to any bill by one House shall be 
 concurred in by the other, nor shall the report of any committee 
 of conference be adopted in either House except by a vote of a 
 majority of the members elected thereto, taken by ayes and noes, 
 and the names of those voting recoi-ded upon the journal thereof. 
 
 Sec. 24. No law shall be revived, or amended, or the provi- 
 sions thereof extended or conferred by reference to its title only, 
 but so much thereof as is revived, amended, extended or conferred, 
 shall be re-enacted and published at length. 
 
 Sec. 25. The General Assembly shall not pass local or special 
 laws in any of the following enumerated cases, that is to say : for 
 granting divorces ; laying out, opening, altering or working roads 
 or highways ; vacating roads, town plats, streets, alleys and public 
 grounds ; locating or changing county seats ; regulating county or 
 township affairs ; regulating the practice in courts of justice ; regu- 
 lating the jurisdiction and duties of justices of the peace, police 
 magistrates and constables ; changing the rules of evidence in any 
 trial or inquiry ; providing for changes of venue in civil or criminal 
 cases ; declaring any person of age ; for limitation of civil actions 
 or giving effect to informal or invalid deeds ; summoning or impan- 
 ehng grand or petit juries; providing for the management of com- 
 mon schools ; regulating the rate of interest on money ; the open- 
 ing or conducting of any election, or designating the place of voting ; 
 the sale or mortgage of real estate belonging to minors or others 
 under disability ; the protection of game or fish ; chartering or 
 licensing ferries or toll bridges ; remitting fines, penalties or for- 
 feitures ; creating, increasing or decreasing fees, percentage or al- 
 lowances of public officers ; changing the law of descent ; granting 
 to any corporation, association or individual the right to lay down 
 railroad tracks ; granting to any corporation, association or indi- 
 vidual any special or exclusive privilege, immunity or franchise 
 whatever. In all other cases, where a general law can be made 
 applicable, no special law shall be enacted. 
 
 Sec. 26. The presiding officer of each House shall, in the pres- 
 ence of the House over which he presides, sign all bills and joint 
 resolutions passed by the General Assembly, after their titles shall 
 have been publicly read, immediately before signing ; and the fact 
 of the signing shall be entered on the journal. 
 
CONSTITUTION OF COLORADO. 115 
 
 Sec. 27. The General Assembly shall prescribe by law the 
 number, duties and compensation of the officers and employes of 
 each House ; and no payment shall be made from the State Treas- 
 ury, or be in any way authorized to any person, except to an acting 
 officer or employe elected or appointed in pursuance of law. 
 
 Sec. 28. No bill shall be passed giving any extra compensation 
 to any public officer, servant or employe, agent or contractor, after 
 services shall have been rendered or contract made, nor providing 
 for the payment of any claim made against the State without pre- 
 vious authority of law. 
 
 Sec. 29. All stationery, printing, paper and fuel used in the 
 legislative and other departments of government, shall be fur- 
 nished ; and the printing and binding and distributing of the laws, 
 journals, department reports, and other printing and binding ; and 
 the repairing and furnishing the halls and rooms used for the meet- 
 ing of the General Assembly and its committees, shall be performed 
 under contract ; to be given to the lowest responsible bidder, below 
 such maximum price and under such regulations as may be pre- 
 scribed by law. No member or officer of any department of the 
 government shall be in any way interested in any such contract ; 
 and all such contracts shall be subject to the approval of the Gov- 
 ernor and State Treasurer. 
 
 Sec. 30. Except as otherwise provided in this Constitution, no 
 law shall extend the term of any public officer, or increase or dimin- 
 ish his salary or emoluments after his election or appointment ; /Va- 
 vided. That on and after the first day of March, a. d. 1881, the 
 salaries of the following designated public officers, including those 
 thereof who may then be incumbents of such offices, shall be as 
 herein provided, viz. : The Governor shall receive an annual salary 
 of five thousand dollars, and the further sum of fifteen hundred dol- 
 lars for the payment of a private secretary. The judges of the 
 supreme courts shall each receive an annual salary of five thousand 
 dollars. The judges of the district courts shall each receive an an- 
 nual salary of four thousand dollars. 
 
 Sec. 31. All bills for raising revenue shall originate in the 
 House of Representatives ; but the Senate may propose amend- 
 ments, as in case of other bills. 
 
 Sec. 32. The general appropriation bill shall embrace nothing 
 but appropriations for the ordinary expenses of the executive, legis- 
 lative and judicial departments of the State, interest on the public 
 debt and for public schools. All other appropriations shall be made 
 by separate bills, each embracing but one subject. 
 
 Sec. 33. No money shall be paid out of the treasury except 
 
116 CONSTITUTION OF COLORADO. 
 
 upon appropriations made by law, and on warrant drawn by the 
 proper officer in pursuance thereof. 
 
 Sec. 34. No appropriation shall be rtiade for charitable, indus- 
 trial, educational or benevolent purposes, to any person, corpora- 
 tion or community not under the absolute control of the State, nor 
 to any denominational or sectarian institution or association. 
 
 Sec. 35. The General Assembly shall not delegate to any spe- 
 cial commission, private corporation or association, any power to 
 make, supervise or interfere with any municipal improvement, 
 money, property or effects, whether held in trust or otherwise, or to 
 levy taxes, or perform any municipal function whatever. 
 
 Sec. 36. No act of the General Assembly shall authorize the 
 investment of trust funds by executors, administrators, guardians, 
 or other trustees, in the bonds or stock of any private corporation. 
 
 Sec. 37. The power to change the venue in civil and criminal 
 cases shall be vested in the courts, to be exercised in such manner 
 as shall be prescribed by law. 
 
 Sec. 38. No obligation or liability of any person, association or 
 corporation, held or owned by the State, or any municipal corpora- 
 tion therein, shall ever be exchanged, transferred, remitted, released, 
 or postponed, or in any way diminished, by the General Assembly, 
 nor shall such liability or obligation be extinguished except by pay- 
 ment thereof into the proper treasury. 
 
 Sec. 39. Every order, resolution or vote to which the concur- 
 rence of both Houses may be necessary, except on the question of 
 adjournment, or relating solely to the transaction of business of the 
 two Houses, shall be presented to the Governor, and before it shall 
 take effect, be approved by him, or being disapproved, shall be re- 
 passed by two-thirds of both Houses, according to the rules and 
 limitations prescribed in the case of a bill. 
 
 Sec. 40. If any person elected to either House of the General 
 Assembly shall offer or promise to give his vote or influence in 
 favor of or against any measure or proposition, pending or proposed 
 to be introduced in the General Assembly, in consideration or upon 
 condition that any other person elected to the same General As- 
 sembly will give, or will promise, or assent to give his vote or in- 
 fluence in favor of or against any other measure or proposition, 
 pending or proposed to be introduced in such General Assembly, 
 the person making such offer or promise shall be deemed guilty of 
 solicitation of bribery. If any member of the General Assembly 
 shall give his vote or influence for or against any measure or pro- 
 position pending in such General Assembly, or offer, promise or 
 assent so to do, upon condition that any other member will give or 
 
CONSTITUTION OF COLORADO. 117 
 
 will promise, or assent to give his vote or influence in favor of or 
 against any other measure or proposition pending or proposed to 
 be introduced in such General Assembly, or in consideration that 
 any other member hath given his vote or influence for or against 
 any other measure or proposition in such General Assembly, he 
 shall be deemed guilty of bribery, and any member of the General 
 Assembly, or person elected thereto, who shall be guilty of either 
 of such offenses shall be expelled, and shall not be thereafter eli- 
 gible to the same General Assembly ; and on conviction thereof in 
 the civil courts shall be liable to such further penalty as may be 
 prescribed by law. 
 
 Sec. 41. Any person who shall directly or indirectly offer, give 
 or promise any money or thing of value, testimonial, privilege, or 
 personal advantage to any executive or judicial officer or member 
 of the General Assembly, to influence him in the performance of 
 any of his public or official duties, shall be deemed guilty of bribery, 
 and be punished in such manner as shall be provided by law. 
 
 Sec. 42. The offense of corrupt solicitation of members of the 
 General Assembly, or of public officers of the State, or of any 
 municipal division thereof, and any occupation or practice of solici- 
 tation of such members or officers, to influence their official action, 
 shall be defined by law, and shall be punished by fine and impris- 
 onment. 
 
 Sec. 43. A member who has a personal or private interest in 
 any measure or bill proposed or pending before the General As- 
 sembly, shall disclose the fact to the House of which he is a mem- 
 ber, and shall not vote thereon. 
 
 congressional and legislative apportionments. 
 
 Sec. 44. One representative in the Congress of the United States 
 shall be elected from the State at large, at the first election under 
 this Constitution, and thereafter at such times and places, and in 
 such manner as may be prescribed by law. When a new appor- 
 tionment shall be made by Congress, the General Assembly shall 
 divide the State into congressional districts accordingly. 
 
 Sec. 45. The General Assembly shall provide by law for an 
 enumeration of the inhabitants of the State in the year of our Lord 
 1885, and every tenth year thereafter; and at the session next 
 following such enumeration, and also at the session next following 
 an enumeration made by the authority of the United States, shall 
 revise and adjust the apportionment for Senators and Representa- 
 tives on the basis of such enumeration, according to ratios to be 
 fixed by law. 
 
118 CONSTITUTION OF COLORADO. 
 
 Sec. 46. The Senate shall consist of twenty-six, and the House 
 of Representatives of forty-nine members, which number shall not 
 be increased until the year of our Lord one thousand eight hundred 
 and ninety, after which time the General Assembly may increase 
 the number of Senators and Representatives, preserving as near as 
 may be the present proportion as to the number in each House ; 
 Provided, That the aggregate number of Senators and Representa- 
 tives shall never exceed one hundred.' 
 
 Sec. 47. Senatorial and representative districts may be altered 
 from time to time, as public convenience may require. When a 
 senatorial or representative district shall be composed of two or 
 more counties, they shall be contiguous, and the district as compact 
 as may be. No county shall be divided in the formation of a 
 senatorial or representative district. 
 
 Sec. 48. Until the State shall be divided into senatorial districts, 
 in accordance with the provisions of this article, said districts shall 
 be constituted and numbered as follows : 
 
 The county of Weld shall constitute the first district, and be 
 entitled to one Senator. 
 
 The county of Larimer shall constitute the second district, and 
 be entitled to one Senator. 
 
 The county of Boulder shall constitute the third district, and be 
 entitled to two Senators. 
 
 The' county of Gilpin shall constitute the fourth district, and be 
 entitled to one Senator. 
 
 The counties of Gilpin, Summit and Grand shall constitute the 
 fifth district, and be entitled to one Senator. 
 
 The county of Clear Creek shall constitute the sixth district, and 
 be entitled to two Senators. 
 
 The county of Jefferson shall constitute the seventh district, and 
 be entitled to one Senator. 
 
 The county of Arapahoe shall constitute the eighth district, and 
 be entitled to four Senators. 
 
 The counties of Elbert and Bent shall constitute the ninth dis- 
 trict, and be entitled to one Senator. 
 
 The county of El Paso shall constitute the tenth district, and be 
 entitled to one Senator. 
 
 The county of Douglas shall constitute the eleventh district, and 
 be entitled to one Senator. 
 
 The county of Park shall constitute the twelfth district, and be 
 entitled to one Senator. 
 
 1 See note 2, page 30. 
 
CONSTITUTION OF COLORADO. 119 
 
 The counties of Lake and Saguache 'shall constitute the thir- 
 teenth district, and be entitled to one Senator. 
 
 The county of Fremont shall constitute the fourteenth district, 
 and be entitled to one Senator. 
 
 The county of Pueblo shall constitute the fifteenth district, and 
 be entitled to one Senator. 
 
 The county of Huerfano shall constitute the sixteenth district, 
 and be entitled to one Senator. 
 
 The county of Las Animas shall constitute the seventeenth dis- 
 trict, and be entitled to two Senators. 
 
 The county of Costilla shall constitute the eighteenth district, 
 and be entitled to one Senator. 
 
 The county of Conejos shall constitute the nineteenth district, 
 and be entitled to one Senator. 
 
 The counties of Rio Grande, Hinsdale, La Plata and San Juan 
 shall constitute the twentieth district, and be entitled to one 
 Senator. 
 
 Sec. 49. Until an apportionment of Representatives be made 
 in accordance with the provisions of this article, they shall be 
 divided among the several counties of the State in the following 
 manner : The county of Arapahoe shall have seven ; the counties 
 of Boulder and Clear Creek, each, four; the counties of Gilpin 
 and Las Animas, each, three ; the counties of El Paso, Fremont, 
 Huerfano, Jefferson, Pueblo and Weld, each, two ; the counties of 
 Bent, Costilla, Conejos, Douglas, Elbert, Grand, Hinsdale, Larimer, 
 La Plata, Lake, Park, Rio Grande, Summit, Saguache and San Juan, 
 each, one; and the counties of Costilla and Conejos, jointly, one. 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Section i. The judicial power of the State as to matters of law 
 and equity, except as in the Constitution otherwise provided, shall 
 be vested in a supreme court, district courts, county courts, justices 
 of the peace, and such other courts as may be provided by law. 
 
 SUPREME COURT. 
 
 Sec. 2. The supreme court, except as otherwise provided in this 
 Constitution, shall have appellate jurisdiction only, which shall be 
 co-extensive with the State, and shall have a general superintend- 
 ing control over all inferior courts, under such regulations and limi- 
 tations as may be prescribed by law. 
 
 Sec. 3. It shall have power, to issue writs of habeas corpus, 
 
120 CONSTITUTION OF COLORADO. 
 
 mandamus, quo warranto, certiorari, injunction, and other original 
 and remedial writs, with authority to hear and determine the same ; 
 and each judge of the supreme court shall have like power and 
 authority as to writs of habeas corpus. The supreme court shall 
 give its opinion upon important questions upon solemn occasions 
 when required by the Governor, the Senate, or the House of Rep- 
 resentatives ; and all such opinions shall be published in connec- 
 tion with the reported decisions of said court. 
 
 Sec. 4. At least two terms of the supreme court shall be held 
 each year at the seat of government. 
 
 Sec. 5. The supreme court shall consist of three judges, a 
 majority of whom shall be necessary to form a quorum or pro- 
 nounce a decision. 
 
 Sec. 6. The judges of the supreme court shall be elected by 
 the electors of the State at large as hereinafter provided. 
 
 Sec. 7. The term of office of the judges of the supreme court, 
 except as in this article otherwise provided, shall be nine years. 
 
 Sec. 8. The judges of the supreme court shall immediately 
 after the first election under this Constitution be classified by lot so 
 that one shall hold his office for the term of three years, one for the 
 term of six years, and one for the term of nine years. The lot 
 shall be drawn by the judges, who shall for that purpose assemble 
 at the seat of government, and they shall cause the result thereof 
 to be certified to the Secretary of the Territory, and filed in his 
 office. The judge having the shortest term to serve, not holding 
 his office by appointment or election to fill a vacancy, shall be the 
 chief justice, and shall preside at all terms of the supreme court, 
 and, in case of his absence, the judge having in like manner the 
 next shortest term to serve shall preside in his stead. 
 
 Sec. 9. There shall be a clerk of the supreme court, who shall 
 be appointed by the judges thereof, and shall hold his office during 
 the pleasure of said judges, and whose duties and emoluments shall 
 be as prescribed by law, and by the rules of the supreme court. 
 
 Sec. 10. No person shall be eligible to the office of judge of 
 the supreme court unless he be learned in the law, be at least thirty 
 years of age, and a citizen of the United States, nor unless he shall 
 have resided in this State or Territory at least two years next pre- 
 ceding his election. 
 
 DISTRICT COURTS. 
 
 Sec. II. The district courts shall have original jurisdiction of 
 all causes, both at law and in equity, and such appellate jurisdic- 
 tion as may be conferred by law. They shall have original juris- 
 
CONSTITUTION OF COLORADO. 121 
 
 diction to determine all controversies upon relation of any person 
 on behalf of the people, concerning the rights, duties and liabili- 
 ties of railroad, telegraph or toll-road companies or corporations. 
 
 Sec. 12. The State shall be divided into judicial districts, in 
 each of which there shall be elected by the electors thereof, one or 
 more judges of the district court therein, as may be provided by 
 law, whose terms of office shall be six years ; the judges of the 
 district courts may hold courts for each other, and shall do so when 
 required by law, and the General Assembly may, by law, provide 
 for the selection or election of a suitable person to preside in the 
 trial of causes in special cases. 
 
 Sec. 13. Until otherwise provided by law, said districts shall be 
 four in number, and constituted as follows, viz : 
 
 First District. — The counties of Boulder, Jefferson, Gilpin, Clear 
 Creek, Summit and Grand. 
 
 Second District. — The counties of Arapahoe, Douglas, Elbert, 
 Weld and Larimer. 
 
 TAird District. — The counties of Park, El Paso, Fremont, 
 Pueblo, Bent, Las Animas and Huerfano. 
 
 Fourth District.— "X^it. counties of Costilla, Conejos, Rio Grande, 
 San Juan, La Plata, Hinsdale, Saguache and Lake.' 
 
 Sec. 14. The General Assembly may (whenever two-thirds of 
 the members of each house shall concur therein) increase or dimin- 
 ish the number of judges for any district, or increase or diminish 
 the number of judicial districts, and the judges thereof. Such dis- 
 tricts shall be formed of compact territory, and bounded by county 
 hnes ; but such increase, diminution or change in the boundaries 
 of a district shall not work the removal of any judge from his 
 office during the term for which he shall have been elected or 
 appointed. 
 
 Sec. 15. The judges of the district court first elected shall be 
 chosen at the first general election. The General Assembly may 
 provide that, after the year eighteen hundred and seventy-eight, 
 the election of the judges of the supreme, district and county 
 courts, and the district attorneys, or any of them, shall be on a 
 different day from that on which an election is held for any other 
 purpose, and for that purpose may extend or abridge the term of 
 office of any such officers then holding, but not in any case more 
 than six months. Until otherwise provided by law, such officers 
 shall be elected at the time of holding the general elections. The 
 terms of office of all judges of the district court elected in the sev- 
 
 1 See note i, page 50. 
 L 
 
122 CONSTITUTION OF COLORADO. 
 
 eral districts throughout the State, shall expire on the same day ; 
 and the terms of office of the district attorneys elected in the sev- 
 eral districts throughout the State shall, in like manner, expire on 
 the same day. 
 
 Sec. 1 6. No person shall be eligible to the office of district 
 judge unless he be learned in the law, be at least thirty years old, 
 and a citizen of the United States, nor unless he shall have resided 
 in the State or Territory at least two years next preceding his elec- 
 tion, nor unless he shall, at the time of his election, be an elector 
 within the judicial district for which he is elected ; Provided, That 
 at the first election any person of the requisite age and learning, and 
 who is an elector of the Territory of Colorado, under the laws 
 thereof, at the time of the adoption of this Constitution, shall be 
 eligible to the office of judge of the district court of the judicial 
 district within which he is an elector. 
 
 Sec. 17. The time of holding courts within the said districts 
 shall be as provided by law, but at least one term of the district 
 court shall be held annually in each county, except in such coun- 
 ties as may be attached, for judicial purposes, to another county, 
 wherein such courts are so held. This shall not be construed to 
 prevent the holding of special terms, under such regulations as may 
 be provided by law. 
 
 Sec. 18. The judges of the supreme and district courts shall 
 each receive such salary as may be provided by law, and no such 
 judge shall receive any other compensation, perquisite or emolu- 
 ment for or on account of his office, in any form whatever, nor act 
 as attorney or counsellor at law. 
 
 Sec. 19. There shall be a clerk of the district court in each 
 county wherein a term is held, who shall be appointed by the judge 
 of the district, to hold his office during the pleasure of the judge. 
 His duties and compensation shall be as provided by law and regu- 
 lated by the rules of the court. 
 
 Sec. 20. Until the General Assembly shall provide by law for 
 fixing the terms of the courts aforesaid, the judges of the supreme 
 and district courts, respectively, shall fix the terms thereof. 
 
 DISTRICT ATTORNEYS. 
 
 Sec. 21. There shall be elected by the qualified electors of each 
 judicial district, at each regular election forjudges of the supreme 
 court, a district attorney for such district, whose term of office shall 
 be three years, and whose duties and compensations shall be as 
 provided by law. No person shall be eligible to the office of dis- 
 
CONSTITUTION OF COLORADO. 123 
 
 trict attorney who shall not, at the time of his election, be at least 
 twenty-five years of age, and possess all the other qualifications 
 forjudges of district courts, as prescribed in this article. 
 
 COUNTY COURTS. 
 
 Sec. 22. There shall be elected at the general election in each 
 organized county in the year eighteen hundred and seventy-seven, 
 and every three years thereafter, except as otherwise provided in 
 this article, a county judge, who shall be judge of the county court 
 of said county, whose term of office shall be three years, and whose 
 compensation shall be as may be provided by law. 
 
 Sec. 23. County courts shall be courts of record and shall have 
 original jurisdiction in all matters of probate, settlement of estates 
 of deceased persons, appointment of guardians, conservators and 
 administrators, and settlement of their accounts, and such other 
 civil and criminal jurisdiction as may be conferred by law ; Pro- 
 vided, Such courts shall not have jurisdiction in any case where 
 the debt, damage or claim, or value of property involved, shall 
 exceed two thousand dollars, except in cases relating to the estates 
 of deceased persons. 
 
 Appeals may be taken from county to district courts, or to the 
 supreme court, in such cases and in such manner as may be pre- 
 scribed by law. Writs of error shall lie from the supreme court to 
 every final judgment of the county court. No appeal shall lie to 
 the district court from any judgment given upon an appeal from a 
 justice of the peace. 
 
 CRIMINAL court. 
 
 Sec. 24. The General Assembly shall have power to create and 
 establish a criminal court in each county having a population 
 exceeding fifteen thousand, which court may have concurrent 
 jurisdiction with the district courts in all criminal cases not capital ; 
 the term of such courts to be as provided by law.' 
 
 JUSTICES OF THE PEACE. 
 
 Sec 25. Justices of the peace shall have such jurisdiction as 
 may be conferred by law ; but they shall not have jurisdiction of 
 any case wherein the value of the property or the amount in con- 
 troversy exceeds the sum of three hundred dollars, nor where the 
 boundaries or title to real property shall be called in question. 
 
 i See g 55, page 51. 
 
124 CONSTITUTION OF COLORADO. 
 
 POLICE MAGISTRATES. 
 
 Sec. 26. The General Assembly shall have power to provide 
 for creating such police magistrates for cities and towns as may be 
 deemed from time to time necessary or expedient ; who shall have 
 jurisdiction of all cases arising under the ordinances of such 
 cities and towns respectively. 
 
 MISCELLANEOUS. 
 
 Sec. 27. The judges of courts of record, inferior to the supreme 
 court, shall on or before the first day in July in each year, report 
 in writing to the judges of the supreme court such defects and 
 omissions in the laws as their knowledge and experience may 
 suggest, and the judges of the supreme court shall, on or before 
 the first day of December of each year, report in writing to the 
 Governor, to be by him transmitted to the General Assembly, 
 together with his message, such defects and omissions in the Con- 
 stitution and laws as they may find to exist, together with appro- 
 priate bills for curing the same. 
 
 Sec. 28. All laws relating to courts shall be general and of 
 uniform operation throughout the State ; and the organization, 
 jurisdiction, powers, proceedings and practice of all the courts of 
 the same class or grade, so far as regulated by law, and the force 
 and effect of the proceedings, judgments and decrees of such 
 courts severally, shall be uniform. 
 
 Sec. 29. All officers provided for in this article, excepting 
 judges of the supreme court, shall respectively reside in the 
 district, county, precinct, city or town for which they may be 
 elected or appointed. Vacancies occurring in any of the offices 
 provided for in this article shall be filled by appointment as 
 follows : Of judges of the supreme and district courts, by the 
 Governor; of district attorneys, by the judge of the court of the 
 district for which such attorney was elected; and of all other judi- 
 cial officers, by the Board of County Commissioners of the county 
 wherein the vacancy occurs. Judges of the supreme, district and 
 county courts appointed under the provisions of this section shall 
 hold office until the next general election and until their successors 
 elected thereat shall be duly qualified. 
 
 Sec. 30. All process shall run in the name of " The People 
 of the State of Colorado," all prosecutions shall be carried on in 
 the name and by the authority of "The People of the State of 
 Colorado," and conclude, " against the peace and dignity of the 
 same." 
 
CONSTITUTTON OP COLORADO. 125 
 
 ARTICLE VII. 
 
 SUFFRAGE AND ELECTIONS. 
 
 Section i. Every male person over the age of twenty-one years 
 possessing the following qualifications, shall be entitled to vote at 
 all elections. 
 
 Inrsi — He shall be a citizen of the United States, or, not being 
 a citizen of the United States, he shall have declared his intention, 
 according to law, to become such citizen, not less than four months 
 before he offers to vote. 
 
 Second^He shall have resided in the State six months immedi- 
 ately preceding the election at which he offers to vote, and in the 
 county, city, town, ward or precinct, such time as may be prescribed 
 by law ; Provided, That no person shall be denied the right to vote 
 at any school district election, nor to hold any school district office, 
 on account of sex. 
 
 Sec. 2. The General Assembly shall, at the first session thereof, 
 and may at any subsequent session, enact laws to extend the right 
 of suffrage to women of lawful age, and otherwise qualified accord- 
 ing to the provisions of this article.' No such enactment shall be 
 of effect until submitted to the vote of the qualified electors at a 
 general election, nor unless the same be approved by a majority 
 of those voting thereon. 
 
 Sec. 3. The General Assembly may prescribe by law an edu- 
 cational qualification for electors ; but no such law shall take effect 
 prior to the year of our Lord one thousand eight hundred and 
 ninety (1890), and no qualified elector shall be thereby dis- 
 qualified. 
 
 Sec. 4. For the purpose of voting and eligibility to office, no 
 person shall be deemed to have gained a residence by reason of 
 his presence, or lost it by reason of his absence, while in the civil 
 or military service of the State, or of the United States, nor while 
 a student at any institution of learning, nor while kept at public 
 expense in any poor-house or other asylum, nor while confined in 
 public prison. 
 
 Sec. 5. Voters shall in all cases, except treason, felony or 
 breach of the peace, be privileged from arrest during their attend- 
 ance at elections, and in going to and returning therefrom. 
 
 Sec. 6. No person except a qualified elector shall be elected or 
 appointed to any civil or military office in the State. 
 
 Sec. 7. The general election shall be held on the first Tuesday 
 
 IThe right of sufifrage was extended to women in 1893. See \ 31, page 29. 
 
126 CONSTITUTION OF COLORADO. 
 
 in October in the years of our Lord eighteen hundred and seventy- 
 six, eighteen hundred and seventy-seven, and eighteen hundred 
 and seventy-eight, and annually thereafter on such day as may be 
 prescribed by law/ 
 
 Sec. 8. All elections by the people shall be by ballot ; every 
 ballot voted shall be numbered in the order in which it shall be 
 received, and the number be recorded by the election officers on 
 the list of voters opposite the name of the voter who presents the 
 ballot. The election officers shall be sworn or affirmed not to 
 enquire or disclose how any elector shall have voted. In all cases 
 of contested elections the ballots cast may be counted, compared 
 with the list of voters, and examined under such safeguards and 
 regulations as may be prescribed by law. 
 
 Sec. 9. In trials of contested elections and for offenses arising 
 under the election law no person shall be permitted to withhold his 
 testimony on the ground that it may criminate himself, or subject 
 him to public infamy ; but such testimony shall not be used against 
 him in any judicial proceeding, except for perjury in giving such 
 testimony. 
 
 Sec. 10. No person while confined in any public prison shall 
 be entitled to vote; but every such person who was a qualified 
 elector prior to such imprisonment, and who is released therefrom 
 by virtue of a pardon, or by virtue of having served out his full 
 term of imprisonment, shall, without further action, be invested 
 with all the rights of citizenship, except as otherwise provided in 
 this Constitution. 
 
 Sec. 1 1 . The General Assembly shall pass laws to secure the 
 purity of elections, and guard against abuses of the elective fran- 
 chise. 
 
 Sec. 12. The General Assembly shall, by general law, desig- 
 nate the courts and judges by whom the several classes of election 
 contests, not herein provided for, shall be tried, and regulate the 
 manner of trial, and all matters incident thereto; but no such law 
 shall apply to any contest arising out of an election held before its 
 passage. 
 
 ARTICLE VIII. 
 
 .STATE INSTITUTIONS. 
 
 Section i. Educational, reformatory and penal institutions, 
 and those for the benefit of the insane, blind, deaf and mute, and 
 such other institutions as the public good may require, shall be 
 
 1 The first Tuesday after the first Monday in November has been prescribed by law 
 as the day on which the general election shall be held. 
 
CONSTITUTION OF COLORADO. 127 
 
 established and supported by the State, in such manner as may be 
 prescribed by law. 
 
 Sec. 2. The General Assembly shall have no power to change 
 or locate the seat of government of the State, but shall at its first 
 session subsequent to the year of our Lord one thousand eight hun- 
 dred and eighty, provide by law for submitting the question of the 
 permanent location of the seat of government to the qualified 
 electors of the State, at the general election then next ensuing, 
 and a majority of all the votes upon said question cast at said elec- 
 tion shall be necessary to determine the location thereof. Said Gen- 
 eral Assembly shall also provide that in case there shall be no choice 
 of location at said election, the question of choice between the two 
 places for which the highest number of votes shall have been cast 
 shall be submitted in like manner to the qualified electors of the 
 State at the next general election ; Provided, That until the seat of 
 government shall have been permanently located as herein pro- 
 vided, the temporary location thereof shall remain at the city of 
 Denver. 
 
 Sec. 3. When the seat of government shall have been located 
 as herein provided, the location thereof shall not thereafter be 
 changed, except by a vote of two-thirds of all the qualified electors 
 of the State voting on that question, at a general election, at which 
 the question of location of the seat of government shall have been 
 submitted by the General Assembly. 
 
 Sec. 4. The General Assembly shall make no appropriation or 
 expenditure for capitol buildings or grounds, until the seat of gov- 
 ernment shall have been permanently located, as herein provided. 
 Sec. 5. The following Territorial institutions, to wit : The Uni- 
 versity at Boulder, the Agricultural College at Fort Collins, the 
 School of Mines at Golden, the Institute for the Education of Mutes 
 at Colorado Springs, shall, upon the adoption of this Constitution, 
 become institutions of the State of Colorado, and the management 
 thereof subject to the control of the State, under such laws and 
 regulations as the General Assembly shall provide ; and the loca- 
 tion of said institutions, as well as all gifts, grants, and appropri- 
 ations of money and property, real and personal, heretofore made 
 to said several institutions, are hereby confirmed to the use and 
 benefit of the same respectively ; Provided, This section shall not 
 apply to any institution, the property, real or personal, of which is 
 now vested in the trustees thereof, until such property be trans- 
 ferred by proper conveyance, together with the control thereof, to 
 the officers provided for the management of said institution by this 
 Constitution, or by law. 
 
128 CONSTITUTION OF COLOUADO. 
 
 ARTICLE IX. 
 
 EDUCATION. 
 
 Section i. The general supervision of the public schools of 
 the State shall be vested in a board of education, whose powers 
 and duties shall be prescribed by law ; the Superintendent of Pub- 
 lic Instruction, the Secretary of State and Attorney-General shall 
 constitute the board, of which the Superintendent of Public In- 
 struction shall be president. 
 
 Sec. 2. The General Assembly shall, as soon as practicable, 
 provide for the establishment and maintenance of a thorough and 
 uniform system of free public schools throughout the State, wherein 
 all the residents of the State between the ages of six and twenty- 
 one years may be educated gratuitously. One or more public 
 schools shall be maintained in each school district within the State, 
 at least three months in each year ; any school district faihng to 
 have such school shall not be entitled to receive any portion of the 
 school fund for that year. 
 
 Sec. 3. The public school fund of the State shall forever re- 
 main inviolate and intact ; the interest thereon only shall be ex- 
 pended in the maintenance of the schools of the State, and shall 
 be distributed amongst the several counties and school districts of 
 the State, in such manner as may be prescribed by law. No part 
 of this fund, principal or interest, shall ever be transferred to anv 
 other fund, or used or appropriated except as herein provided. The 
 State Treasurer shall be the custodian of this fund, and the same 
 shall be securely and profitably invested as may be by law directed. 
 The State shall supply all losses thereof that may in any manner 
 occur. 
 
 Sec. 4. Each county treasurer shall collect all school funds be- 
 longing to his county and the several school districts therein, and 
 disburse the same to the proper districts upon warrants drawn by 
 the county superintendent or by the proper district authorities, as 
 may be provided by law. 
 
 Sec. 5. The public school fund of the State shall consist of the 
 proceeds of such lands as have heretofore been, or may hereafter 
 be, granted to the State by the general government for educational 
 purposes ; all estates that may escheat to the State ; also all other 
 grants, gifts or devices that may be made to this State for educa- 
 tional purposes. 
 
 Sec. 6. There shall be a county superintendent of schools in 
 each county, whose term of office shall be two years, and whose 
 duties, qualifications and compensation shall be prescribed by law. 
 
CONSTITUTION OF COLORADO. 129 
 
 He shall be ex-officio commissioner of lands within his county, and 
 shall discharge the duties of said office under the direction of the 
 State board of land commissioners, as directed by law. 
 
 Sec. 7. Neither the General Assembly, nor any county, city, 
 town, township, school district or other public corporation,' shall 
 ever make any appropriation, or pay from any public fund or 
 moneys whatever, anything in aid of any church or sectarian 
 society, or for any sectarian purpose, or to help support or sustain 
 any school, academy, seminary, college, university or other lite- 
 rary or scientific institution, controlled by any church or sectarian 
 denomination whatsoever ; nor shall any grant or donation of land, 
 money or other personal property, ever be made by the State, or 
 any such public corporation, to any church or for any sectarian 
 purpose. 
 
 Sec. 8. No religious test or qualification shall ever be required 
 of any person as a condition of admission into any public educa- 
 tional institution of the State, either as teacher or student ; and no 
 teacher or student of any such institution shall ever be required to 
 attend or participate in any religious service whatever. No secta- 
 rian tenets or doctrines shall ever be taught in the public schools, 
 nor shall any distinction or classification of pupils be made on ac- 
 count of race or color. 
 
 Sec. 9. The Governor, Superintendent of Public Instruction, 
 Secretary of State and Attorney-General shall constitute the State 
 Board of Land Commissioners, who shall have the direction, control 
 and disposition of the public lands of the State, under such regula- 
 tions as may be prescribed by law. 
 
 Sec. id. It shall be the duty of the State Board of Land Com- 
 missioners to provide for the location, protection, sale or other 
 disposition of all the lands heretofore or which may hereafter be 
 granted to the State by the general government, under such regula- 
 tions as may be prescribed by law, and in such manner as will 
 secure the maximum possible amount therefor. No law shall ever 
 be passed by the General Assembly granting any privileges to 
 persons who may have settled upon any such public lands subse- 
 quent to the survey thereof by the general government, by which 
 the amount to be derived by the sale, or other disposition of such 
 lands, shall be diminished, directly or indirectly. The General 
 Assembly shall, at the earliest practicable period, provide by law 
 that the several grants of land made by Congress to the State shall 
 be judiciously located and carefully preserved and held in trust 
 subject to disposal, for the use and benefit of the respective objects 
 for which said grants of land were made ; and the Greneral 
 9— Col 
 
130 CONSTITUTION OF COLORADO. 
 
 Assembly shall provide for the sale of said lands from time to time ; 
 and for the faithful application of the proceeds thereof in accord- 
 ance with the terms of said grants. 
 
 Sec. II. The General Assembly may require, by law, that 
 every child of sufficient mental and physical ability shall attend the 
 public school during the period between the ages of six and eight- 
 een years, for a time equivalent to three years, unless educated by 
 other means. 
 
 Sec. 12. There shall be elected by the qualified electors of 
 the State, at the first general election under this Constitution, six 
 regents of the university, who shall immediately after their election 
 be so classified, by lot, that two shall hold their office for the term 
 of two years, two for four years, and two for six years ; and every 
 two years after the first election there shall be elected two regents 
 of the university, whose term of office shall be six years. The 
 regents thus elected, and their successors, shall constitute a body 
 corporate, to be known by the name and style of "The Regents 
 of the University of Colorado." 
 
 Sec. 13. The regents of the university shall, at their first 
 meeting, or as soon thereafter as practicable, elect a president of 
 the university, who shall hold his office until removed by the board 
 of regents for cause ; he shall be, ex-officio, a. member of the board, 
 with the privilege of speaking, but not of voting, except in cases 
 of a tie ; he shall preside at the meetings of the board, and be 
 the principal executive officer of the university, and a member of 
 the faculty thereof 
 
 Sec. 14. The board of regents shall have the general super- 
 vision of the university, and the exclusive control and direction 
 of all funds of, and appropriations for, the university. 
 
 Sec. 15. The General Assembly shall, by law, provide for 
 organization of school districts of convenient size, in each of which 
 shall be established a board of education, to consist of three or 
 more directors, to be elected by the qualified electors of the dis- 
 trict. Said directors shall have control of instruction in the public 
 schools of their respective districts. 
 
 Sec. 16. Neither the General Assembly nor the State Board 
 of Education shall have power to prescribe text books to be used 
 in the public schools. 
 
 ARTICLE X. 
 revenue. 
 
 Section i. The fiscal year shall commence on the first day 
 of October in each year, unless otherwise provided by law.' 
 
 1 The fiscal ye.ir now begins on the first day of December of each year. 
 
CONSTITUTION OF COLORADO. 131 
 
 Sec. 2. The General Assembly shall provide by law for an 
 annual tax, sufficient, with other resources, to defray the estimated 
 expenses of the State Government for each fiscal year. 
 
 Sec. 3. All taxes shall be uniform upon the same class of 
 subjects within the territorial limits of the authority levying the 
 tax and shall be levied and collected under general laws which 
 shall prescribe such regulations as shall secure a just valuation for 
 the taxation of all property, real and personal; Provided, That 
 the household goods of every person being the head of a family, 
 to the value of two hundred dollars, shall be exempt from taxa- 
 tion. Ditches, canals, and flumes owned and used by individuals 
 or corporations for irrigating land owned by such individuals or 
 corporations, or the individual members thereof, shall not be sepa- 
 rately taxed so long as they shall be owned and used exclusively 
 for such purpose; And provided further. That 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 pro- 
 visions to be prescribed by law. 
 
 Sec. 4. The property, real and personal, of the State, counties, 
 cities, towns and other municipal corporations, and public libraries, 
 shall be exempt from taxation. 
 
 Sec. 5. Lots with the buildings thereon, if said buildings are 
 used solely and exclusively for religious worship, for schools or for 
 strictly charitable purposes, also cemeteries not used or held for 
 private or corporate profit, shall be exempt from taxation, unless 
 otherwise provided by general law. 
 
 Sec. 6. All laws exempting from taxation property other than 
 that hereinbefore mentioned shall be void. 
 
 Sec. 7. The General Assembly shall not impose taxes for the 
 purposes of any county, city, town, or other municipal corporation, 
 but may by law vest in the corporate authorities thereof respec- 
 tively the power to assess and collect taxes for all purposes of such 
 corporation. 
 
 Sec. 8. No county, city, town, or other municipal corporation, 
 the inhabitants thereof, nor the property therein, shall be released 
 or discharged from their or its proportionate share of taxes to be 
 levied for State purposes. 
 
 Sec. 9. The power to tax corporations and corporate property, 
 real and personal, shall never be relinquished or suspended. 
 
 Sec. 10. All corporations in this State, or doing business 
 therein, shall be subject to taxation for State, county, school, 
 municipal, and other purposes, on the real and personal property 
 
132 CONSTITUTION OF COLORADO. 
 
 owned or used by them within the territorial limits of the authority 
 levying the tax. 
 
 Sec. II. The rate of taxation on property for State purposes, 
 shall never exceed four mills on each dollar of valuation. 
 
 Sec. 12. The treasurer shall keep a separate account of each 
 fund in his hands ; and shall, at the end of each quarter of the 
 fiscal year, report to the Governor in writing, under oath, the 
 amount of all moneys in his hands to the credit of every such 
 fund, and the place where the same are kept or deposited, and 
 the number and amount of every warrant received, and the 
 number and amount of every warrant paid therefrom during the 
 quarter. Swearing falsely to any such report shall be deemed 
 perjury. The Governor shall cause every such report to be imme- 
 diately published in at least one newspaper printed at the seat of 
 government, and otherwise as the General Assembly may require. 
 The General Assembly may provide by law further regulations for 
 the safe keeping and management of the public funds in the hands 
 of the treasurer, but, notwithstanding any such regulation, the 
 treasurer and his sureties shall in all cases be held responsible 
 therefor. 
 
 Sec. 13. The making of profit, directly or indirectly, out of 
 State, county, city, town or school-district money, or using the 
 same for any purpose not authorized by law, by any public officer, 
 shall be deemed a felony, and shall be punished as provided by 
 law. 
 
 Sec. 14. Private property shall not be taken or sold for the 
 payment of the corporate debt of municipal corporations. 
 
 Sec. 15. There shall be a State Board of Equalization, consist- 
 ing of the Governor, State Auditor, State Treasurer, Secretary of 
 State, and Attorney-General ; also, in each county of this State, a 
 county board of equalization, consisting of the board of county 
 commissioners of said county. The duty of the State Board of 
 Equalization shall be to adjust and equalize the valuation of real 
 and personal property among the several counties of the State. 
 The duty of the county boards of equalization shall be to adjust 
 and equalize the valuation of real and personal property within 
 their respective counties. Each board shall also perform such 
 other duties as may be prescribed by law. 
 
 Sec. 16. No appropriation shall be made nor any expenditure 
 authorized by the General Assembly whereby the expenditure of 
 the State during any fiscal year shall exceed the total tax then 
 provided for by law and applicable for such appropriation or 
 
CONSTITUTION OF COLORADO. 133 
 
 expenditure unless the General Assembly making such appropria- 
 tion shall provide for levying a sufficient tax not exceeding the 
 rates allowed in section eleven of this article to pay such appropria- 
 tion or expenditure within such fiscal year. This provision shall 
 not apply to appropriations or expenditures to suppress insurrec- 
 tion, defend the State, or assist in defending the United States in 
 time of war. 
 
 ARTICLE XI. 
 
 PUBLIC INDEBTEDNESS. 
 
 Section i. Neither the State nor any county, city, town, town- 
 ship or school district shall lend or pledge the credit or faith thereof, 
 directly or indirectly, in any manner to or in aid of any person, 
 company or corporation, public or private, for any amount or for 
 any purpose whatever, or become responsible for any debt, con- 
 tract or liability of any person, com,pany or corporation, public or 
 private, in or out of the State. 
 
 Sec. 2. Neither the State nor any county, city, town, township 
 or school district, shall make any donation or grant to, or in aid 
 of, or become a subscriber to, or shareholder in, any corporation or 
 company, or a joint owner with any person, company or corpora- 
 tion, public or private, in or out of the State, except as to such 
 ownership as may accrue to the State by escheat, or by forfeiture, 
 by operation or provision of law ; and except as to such ownership 
 as may accrue to the State, or to any county, city, town, township 
 or school district, or to either or any of them, jointly with any 
 person, company or corporation, by forfeiture or sale of real estate 
 for non-payment of taxes, or by donation or devise for public use, 
 or by purchase by or on behalf of any or either of them, jointly 
 with any or either of them, under execution in cases of fines, 
 penalties or forfeiture of recognizance, breach of coijidition of 
 official bond, or of bond to secure public moneys, or the perform- 
 ance of any contract in which they or any of them may be jointly 
 or severally interested. 
 
 Sec. 3. The State shall not contract any debt by loan in any 
 form except to provide for casual deficiencies of revenue, erect 
 public buildings for use of the State, suppress insurrection, defend 
 the State, or, in time of war, assist in defending the United States ; 
 and the amount of the debt contracted in any one year to provide 
 for deficiencies of revenue shall not exceed one-fourth of a mill on 
 each dollar of valuation of taxable property within the State, and 
 the aggregate amount of such debt shall not at any time exceed 
 
 M 
 
134 CONSTITUTION OF COLORADO. 
 
 three-fourths of a mill on each dollar of said valuation until the 
 valuation shall equal one hundred millions of dollars, and there- 
 after such debt shall not exceed one hundred thousand dollars, and 
 the debt incurred in any one year for erection of public buildings 
 shall not exceed one-half mill on each dollar of said valuation, 
 and the aggregate amount of such debt shall never at any time 
 exceed the sum of fifty thousand dollars (except as provided in 
 section five of this article), and in all cases the valuation in this 
 section mentioned shall be that of the assessment last preceding 
 the creation of said debt. 
 
 Sec. 4. In no case shall any debt above mentioned in this 
 article be created except by a lavif which shall be irrepealable until 
 the indebtedness therein provided for shall have been fully paid or 
 discharged ; such law shall specify the purposes to which the funds 
 so raised shall be applied, and provide for the levy of a tax suffi- 
 cient to pay the interest on, and extinguish the principal of such 
 debt within the time limited by such law for the payment thereof, 
 which in the case of debts contracted for the erection of public 
 buildings and supplying deficiencies of revenue, shall not be less 
 than ten nor more than fifteen years, and the funds arising from 
 the collection of any such tax shall not be applied to any other 
 purpose than that provided in the law levying the same ; and when 
 the debt thereby created shall be paid or discharged, such tax shall 
 cease, and the balance, if any, to the credit of the fund, shall 
 immediately be placed to the credit of the general fund of the 
 State. 
 
 Sec. 5. A debt for the purpose of erecting public buildings 
 may be created by law, as provided for in section four of this 
 article, not exceeding in the aggregate three mills on each dollar 
 of said valuation ; Provided, That before going into effect such law 
 shall be ratified by the vote of a majority of such qualified electors 
 of the State as shall vote thereon at a general election, under such 
 regulations as the General Assembly may prescribe. 
 
 Sec. 6. No county shall contract any debt by loan in any form 
 except for the purpose of erecting necessary public buildings, mak- 
 ing or repairing pubUc roads and bridges ; and such indebtedness 
 contracted in any one year shall not exceed the rates upon the tax- 
 able property in such county following, to wit : Counties in which 
 the assessed valuation of taxable property shall exceed five millions 
 of dollars, one dollar and fifty cents on each thousand dollars 
 thereof; Counties in which such valuation shall be less than five 
 millions of dollars, three dollars on each thousand dollars thereof; 
 And the aggregate amount of indebtedness of any county for all 
 
CONSTITVTWN OF COLORADO. 135 
 
 purposes, exclusive of debts contracted before the adoption of this 
 Constitution, shall not at any time exceed twice the amount above 
 herein hmited, unless when in manner provided by law, the ques- 
 tion of incurring such debt shall, at a general election, be sub- 
 mitted to such of the qualified electors of such county' as in the 
 year last preceding such election shall have paid a tax upon 
 property assessed to them in such county, and a majority of those 
 voting thereon shall vote in favor of incurring the debt ; but the 
 bonds, if any be issued therefor, shall not run less than ten years, 
 and the aggregate amount of debt so contracted shall not at any 
 time exceed twice the rate upon the valuation last herein men- 
 tioned ; Provided, That any county in this State which has an 
 indebtedness outstanding, either in the form.of warrants issued for 
 purposes provided by law prior to December 31, a. d. 1886, or in 
 the form of funding bonds issued prior to such date for such 
 warrants previously outstanding, or in the form of public building, 
 road or bridge bonds outstanding at such date, may contract a debt 
 by loan by the issuance of bonds for the purpose of liquidating 
 such indebtedness, provided the question of issuing said bonds 
 shall, at a general or special election called for that purpose, be 
 submitted to the vote of such of the duly qualified electors of such 
 county as in the year last preceding such election shall have paid 
 a tax upon property assessed in such county, and the majority of 
 those voting thereon shall vote in favor of issuing the bonds. Such 
 election shall be held in the manner prescribed by the laws of this 
 State for the issuance of road, bridge and public building bonds, 
 and the bonds authorized at such election shall be issued and pro- 
 vision made for their redemption in the same manner as provided 
 in said law. 
 
 Sec. 7. No debt by loan in any form shall be contracted by 
 any school district for the purpose of erecting and furnishing school 
 buildings, or purchasing grounds, unless the proposition to create 
 such debt shall first be submitted to such qualified electors of the 
 district as shall have paid a school tax therein in the year next pre- 
 ceding such election, and a majority of those voting thereon shall 
 vote in favor of incurring such debt. 
 
 Sec. 8. No city or town shall contract any debt by loan in any 
 form, except by means of an ordinance, which shall be irrepealable, 
 until the indebtedness therein provided for shall have been fully 
 paid or discharged ; specifying the purposes to which the funds to 
 be raised shall be applied, and providing for the levy of a tax, not 
 exceeding twelve (12) mills on each dollar of valuation of taxable 
 property within such city or town, sufficient to pay the annual in- 
 
136 CONSTITUTION OF COLORADO. 
 
 terest, and extinguish the principal of such debt within fifteen, but 
 not less than ten years from the creation thereof; and such tax 
 when collected shall be applied only to the purposes in such ordi- 
 nance specified, until the indebtedness shall be paid or discharged. 
 But no such debt shall be created unless the question of incurring 
 the same shall at a regular election for councilmen, aldermen or 
 officers of such city or town, be submitted to a vote of such quali- 
 fied electors thereof as shall, in the year next preceding, have paid 
 a property tax therein, and a majority of those voting on the ques- 
 tion, by ballot deposited in a separate ballot-box, shall vote in favor 
 of creating such debt ; but the aggregate amount of debt so created, 
 together with the debt existing at the time of such election, shall 
 not at any time exceed- three per cent, of the valuation last afore- 
 said. Debts contracted for supplying water to such city or town 
 are excepted from the operation of this section. The valuation in 
 this section mentioned shall be in all cases that of the assessment 
 next preceding the last assessment before the adoption of such ordi- 
 nance. 
 
 Sec. g. Nothing contained in this article shall be so construed 
 as to either impair or add to the obligation of any debt heretofore 
 contracted by any county, city, town, or school district, in accord- 
 ance with the laws of Colorado Territory, or prevent the contract- 
 ing of any debt, or the issuing of bonds therefor, in accordance 
 with said laws, upon any proposition for that purpose which may 
 have been, according to said laws, submitted to a vote of the quali- 
 fied electors of any county, city, town or school district, before the 
 day on which this Constitution takes effect. 
 
 ARTICLE XII. 
 
 OFFICERS. 
 
 Section i. Every person holding any civil office under the 
 State, or any municipality therein, shall, unless removed according 
 to law, exercise the duties of such office until his successor is duly 
 qualified ; but this shall not apply to members of the General As- 
 sembly, nor to members of any board or assembly, two or more of 
 whom are elected at the same time ; the General Assembly may by 
 law provide for suspending any officer in his functions, pending 
 impeachment or prosecution for misconduct in office. 
 
 Sec. 2. No person shall hold any office or employment of trust 
 or profit under the laws of the State, or any ordinance of any mu- 
 nicipality therein, without devoting his personal attention to the duties 
 of the same. 
 
CONSTITUTION OF COLORADO. 137 
 
 Sec. 3. No person who is now or hereafter may become a col- 
 lector or receiver of public money, or the deputy or assistant of such 
 collector or receiver, and who shall have become a defaulter in his 
 office, shall be eligible to or assume the duties of any office of trust 
 or profit in this State under the laws thereof, or of any municipality 
 therein, until he shall have accounted for and paid over all public 
 money for which he may be accountable. 
 
 Sec. 4. No person hereafter convicted of embezzlement of pub- 
 lic money, bribery, perjury, solicitation of bribery, or subornation 
 of perjury, shall be eligible to the General Assembly, or capable 
 of holding any office of trust or profit in this State. 
 
 Sec. 5. The district court of each county shall at each term 
 thereof specially give in charge to the grand jury, if there be one, 
 the laws regulating the accountability of the county treasurer, and 
 shall appoint a committee of such grand jury, or of other reputable 
 persons, not exceeding five, to investigate the official accounts and 
 affairs of the treasurer of such county, and report to the court the 
 condition thereof. The judge of the district court may appoint a 
 like committee in vacation at any time, but not oftener than once 
 in every three months. The district court of the county wherein 
 the seat of government may be shall have the like power to appoint 
 committees to investigate the official accounts and affairs of the 
 State Treasurer and the Auditor of State. 
 
 Sec. 6. Any civil officer or member of the General Assembly 
 who shall solicit, demand or receive, or consent to receive, directly 
 or indirectly, for himself or for another, from any company, cor- 
 poration or person, any money, office, appointment, employment, 
 testimonial, reward, thing of value or enjoyment, or of personal 
 advantage or promise thereof, for his vote, official influence, or 
 action, or for withholding the same, or with an understanding that 
 his official influence or action shall [be] in any way influenced 
 thereby, or who shall solicit or demand any such money or advan- 
 tage, matter or thing aforesaid for another, as the consideration of 
 his vote, official influence or action, or for withholding the same, or 
 shall give or withhold his vote, official influence or action, in con- 
 sideration of the payment or promise of such money, advantage, 
 matter or thing to another, shall be held guilty of bribery, or solici- 
 tation of bribery, as the case may be, within the meaning of this 
 Constitution, and shall incur the disabiUties provided thereby for 
 such offense and such additional punishment as is or shall be pre- 
 scribed by law. 
 
 Sec. 7. Every member of the General Assembly shall, before 
 he enters upon his official duties, take an oath or affirmation to 
 
138 CONSTITUTION OF COLORADO. 
 
 support the Constitution of the United States and of the State of 
 Colorado, and to faithfully perform the duties of his office accord- 
 ing to the best of his ability. This oath or affirmation shall be 
 administered in the hall of the House to which the member shall 
 have been elected. 
 
 Sec. 8. Every civil officer, except members of the General 
 Assembly and such inferior officers as may be by law exempted, 
 shall, before he enters upon the duties of his office, take and sub- 
 scribe an oath or affirmation to support the Constitution of the 
 United States and of the State of Colorado, and to faithfully per- 
 form the duties of the office upon which he is about to enter. 
 
 Sec. 9. Officers of the executive department and judges of the 
 supreme and district courts, and district attorneys, shall file their 
 oaths of office with the Secretary of State ; every other officer shall 
 file his oath of office with the county clerk of the county wherein 
 he shall have been elected. 
 
 Sec. 10. If any person elected or appointed to any office shall 
 refuse or neglect to qualify therein within the time prescribed by 
 law, such office shall be deemed vacant. 
 
 Sec. II. The term of office of any officer elected to fill a va- 
 cancy shall terminate at the expiration of the term during which 
 the vacancy occurred. 
 
 Sec. 12. No person who shall hereafter fight a duel, or assist 
 in the same as a second, or send, accept or knowingly carry a chal- 
 lenge therefor, or agree to go out of the State to fight a duel, shall 
 hold any office in the State. 
 
 ARTICLE XIII. 
 
 impeachments. 
 
 Section i. The House of Representatives shall have the sole 
 power of impeachment. The concurrence of a majority of all the 
 members shall be necessary to an impeachment. All impeach- 
 ments shall be tried by the Senate, and when sitting for that pur- 
 pose the Senators shall be upon oath or affirmation to do justice 
 according to law and evidence. When the Governor or Lieutenant- 
 Governor is on trial, the chief justice of the supreme court shall 
 preside. No person shall be convicted without a concurrence of 
 two-thirds of the Senators elected. 
 
 Sec. 2. The Governor and other State and judicial officers, ex- 
 cept county judges and justices of the peace, shall be liable to 
 impeachment for high crimes or misdemeanors, or malfeasance in 
 office, but judgment in such cases shall only extend to removal 
 
CONSTITUTION OF COLORADO. 139 
 
 from office and disqualification to hold any office of honor, trust or 
 profit in the State. The party, whether convicted or acquitted, 
 shall nevertheless be liable to prosecution, trial, judgment and pun- 
 ishment according to law. 
 
 Sec. 3. All officers not liable to impeachment shall be subject 
 to removal for misconduct or malfeasance in office, in such manner 
 as may be provided by law. 
 
 ARTICLE XIV. 
 
 COUNTIES. 
 
 Section i. The several counties of the Territory of Colorado, 
 as they now exist, are hereby declared to be counties of the State. 
 
 Sec. 2. The General Assembly shall have no power to remove 
 the county seat of any county, but the removal of county seats 
 shall be provided for by general law, and no county seat shall be 
 removed unless a majority of the qualified electors of the county, 
 voting on the proposition at a general election, vote therefor; and 
 no such proposition shall be submitted oftener than once in four 
 years, and no person shall vote on such proposition who shall not 
 have resided in the county six months and in the election precinct 
 ninety days next preceding such election. 
 
 Sec. 3. No part of the territory of any county shall be stricken 
 off and added to an adjoining county without first submitting the 
 question to the qualified voters of the county from which the terri- 
 tory is proposed to be stricken off; nor unless a majority of all the 
 qualified voters of said county voting on the question shall vote 
 therefor. 
 
 Sec. 4. In all cases of the establishment of any new county, 
 the new county shall be held to pay its ratable proportion of all 
 then existing liabilities of the county or counties from which such 
 new county shall be formed. 
 
 Sec. 5. When any part of a county is stricken off and attached 
 to another county, the part stricken off shall be held to pay its 
 ratable proportion of all then existing liabilities of the county from 
 which it is taken. 
 
 county officers. 
 
 Sec. 6. In each county there shall be elected for the term of 
 three years, three county commissioners, who shall hold sessions 
 for the transaction of county business as provided by law ; any two 
 of whom shall constitute a quorum for the transaction of business. 
 One of said commissioners shall be elected on the first Tuesday in 
 
140 CONSTITUTION OF COLORADO. 
 
 October, eighteen hundred and seventy-six, and every year there- 
 after one such officer shall be elected in each county, at the general 
 election, for the term of three years ; Provided, That when the 
 population of any county shall exceed ten thousand, the board of 
 county commissioners may consist of five members, who shall be 
 elected as provided by law, any three of whom shall constitute a 
 quorum for the transaction of business. 
 
 Sec. 7. The compensation of all county and precinct officers 
 shall be as provided by law. 
 
 Sec. 8. There shall be elected in each county, on the first 
 Tuesday in October, in the year eighteen hundred and seventy- 
 seven, and every alternate year forever thereafter, one county clerk 
 who shall be ex-officio recorder of deeds and clerk of the board of 
 county commissioners ; one sheriff; one coroner ; one treasurer, who 
 shall be collector of- taxes; one county superintendent of schools; 
 one county surveyor ; and one county assessor. 
 
 Sec. 9. In case of a vacancy occurring in the office of county 
 commissioner, the Governor shall fill the same by appointment ; 
 and in case of a vacancy in any other county office, or in any pre- 
 cinct office, the board of county commissioners shall fill the same 
 by appointment ; and the person appointed shall hold the office 
 until the next general election, or until the vacancy be filled by 
 election according to law. 
 
 Sec. 10. No person shall be eligible to any county office unless 
 he shall be a qualified elector ; nor unless he shall have resided in 
 the county one year preceding his election. 
 
 Sec. II. There shall, at the first election at which county of- 
 ficers are chosen, and annually thereafter, be elected in each pre- 
 cinct one justice of the peace and one constable, who shall each 
 hold his office for the term of two years ; l^ovided. That in pre- 
 cincts containing five thousand or more inhabitants, the number 
 of justices and constables may be increased as provided by law.' 
 
 Sec. 12. The General Assembly shall provide for the election 
 or appointment of such other county, township, precinct and mu- 
 nicipal officers as public convenience may require ; and their terms 
 of office shall be as prescribed by law, not in any case to exceed 
 two years. 
 
 Sec. 13. The General Assembly shall provide by general laws 
 for the organization and classification of cities and towns. The 
 number of such classes shall not exceed four, and the powers of 
 each class shall be defined by general laws, so that all municipal 
 
 1 See foot-note i, page 52. 
 
OONSTITVTION OF COLORADO. 141 
 
 corporations of the same class shall possess the same power^ and 
 be subject to the same restrictions. 
 
 Sec. 14. The General Assembly shall also make provision by 
 general law whereby any city, town or village, incorporated by any 
 special or local law, may elect to become subject to and be gov- 
 erned by the general law relating to such corporations. 
 
 Sec. 1 5. For the purpose of providing for and regulating the 
 compensation of county and precinct officers, the General Assembly 
 shall by law classify the several counties of the State according to 
 population, and shall grade and fix the compensation of the officers 
 within the respective classes according to the population thereof. 
 Such law shall estabhsh scales of fees to be charged and collected 
 by such of the county and precinct officers as may be designated 
 therein for services to be performed by them respectively ; and 
 where salaries are provided, the same shall be payable only out of 
 the fees actually collected in all cases where fees are prescribed. 
 All fees, perquisites and emoluments above the amount of such 
 salaries shall be paid into the county treasury. 
 
 ARTICLE XV. 
 
 CORPORATIONS. 
 
 Section i. All existing charters or grants of special or exclusive 
 privileges under which the corporators or grantees shall not have 
 organized and commenced business in good faith at the time of the 
 adoption of this Constitution, shall thereafter have no validity. 
 
 Sec. 2. No charter of incorporation shall be granted, extended, 
 changed or amended by special law, except for such municipal, 
 charitable, educational, penal or reformatory corporations as are or 
 may be under the control of the State ; but the General Assembly 
 shall provide by general laws for the organization of corporations 
 hereafter to be created. 
 
 Sec. 3. The General Assembly shall have the power to alter, 
 revoke or annul any charter of incorporation now existing and 
 revocable at the adoption of this Constitution, or any that may 
 hereafter be created, whenever in their opinion it may be injurious 
 to the citizens of the State, in such manner, however, that no 
 injustice shall be done to the corporators. 
 
 Sec. 4. All railroads shall be public highways, and all railroad 
 companies shall be common carriers. Any association or corpora- 
 tion organized for the purpose shall have the right to construct and 
 operate a railroad between any designated points within the State, 
 and to connect at the State line with railroads of other States and 
 
142 CONSTITUTION OF COLORADO. 
 
 Territories. Every railroad company shall have the right with its 
 road to intersect, connect with or cross any other railroad. 
 
 Sec. 5. No railroad corporation, or the lessees or managers 
 thereof, shall consolidate its stock, property or franchises with any 
 other railroad corporation owning or having under its control a 
 parallel or competing line. 
 
 Sec. 6. All individuals, associations and corporations shall 
 have equal rights to have persons and property transported over 
 any railroad in this State, and no undue or unreasonable discrim- 
 ination shall be made in charges or in facilities for transportation 
 of freight or passengers within the State, and no railroad company, 
 nor any lessee, manager or employe thereof, shall give any pref- 
 ence to individuals, associations or corporations in furnishing cars 
 or motive power. 
 
 Sec. 7. No railroad or other transportation company in exist- 
 ence at the time of the adoption of this Constitution, shall have 
 the benefit of any future legislation without first filing in the office 
 of the Secretary of State an acceptance of the provisions of this 
 Constitution, in binding form. 
 
 Sec. 8. The right of eminent domain shall never be abridged, 
 nor so construed as to prevent the General Assembly from taking 
 the property and franchises of incorporated companies and sub- 
 jecting them to public use, the same as the property of individuals ; 
 and the police power of the State shall never be abridged or so 
 construed as to permit corporations to conduct their business in 
 such manner as to infringe the equal rights of individuals or the 
 general well-being of the State. 
 
 Sec. 9. No corporation shall issue stocks or bonds, except for 
 labor done, service performed, or money or property actually 
 received, and all fictitious increase of stock or indebtedness shall 
 be void. The stock of corporations shall not be increased except 
 in pursuance of general law, nor without the consent of the persons 
 holding a majority of the stock, first obtained at a meeting held 
 after at least thirty days' notice given in pursuance of law. 
 
 Sec. 10. No foreign corporation shall do any business in this 
 State without having one or more known places of business and an 
 authorized agent or agents in the same, upon whom process may 
 be served. 
 
 Sec. II. No street railroad shall be constructed within any 
 city, town or incorporated village, without the consent of the local 
 authorities having the control of the street or highways proposed 
 to be occupied by such street railroad. 
 
 Sec. 12. The General Assembly shall pass no law for the 
 
CONSTrTUTlON OF COLORADO. 143 
 
 benefit of a railroad or other corporation, or any individual or 
 association of individuals, retrospective in its operation, or which 
 imposes on the people of any county or municipal subdivision of 
 the State, a new liability in respect to transactions or considerations 
 already past. 
 
 Sec. 13. Any association or corporation, or the lessees or 
 managers thereof, organized for the purpose, or any individual, 
 shall have the right to construct and maintain lines of telegraph 
 within this State, and to connect the same with other lines, and the 
 General Assembly shall by general law of uniform operation pro- 
 vide reasonable regulations to give full effect to this section. No 
 telegraph company shall consolidate with or hold a controlling 
 interest in the stock or bonds of any other telegraph company 
 owning or having the control of a competing line, or acquire, by 
 purchase or otherwise, any other competing line of telegraph. 
 
 Sec. 14. If any railroad, telegraph, express or other corpora- 
 tion organized under any of the laws of this State, shall consolidate, 
 by sale or otherwise, with any railroad, telegraph, express or other 
 corporation organized under any laws of any other State or Terri- 
 tory, or of the United States, the same shall not thereby become a 
 foreign corporation, but the courts of this State shall retain jurisdic- 
 tion over that part of the corporate property within the limits of the 
 State in all matters which may arise, as if said consolidation had 
 not taken place. 
 
 Sec. 15. It shall be unlawful for any person, company or cor- 
 poration to require of its servants or employes, as a condition of 
 their employment or otherwise, any contract or agreement whereby 
 such person, company or corporation shall be released or discharged 
 from liabihty or responsibility on account of personal injuries 
 received by such servants or employes while in the service of such 
 person, company or corporation, by reason of the negligence of 
 such person, company or corporation, or the agents or employes 
 thereof, and such contracts shall be absolutely null and void. 
 
 ARTICLE XVI. 
 
 MINING AND IRRIGATION. 
 
 MINING. 
 
 Sec. I. There shall be established and maintained the office 
 of commissioner of mines, the duties and salaries of which shall 
 be prescribed by law. When said office shall be established, the 
 Governor shall, with the advice and consent of the Senate, appoint 
 
144 CONSTITUTION OF COLORADO. 
 
 thereto a person known to be competent, whose term of office shall 
 be four years. 
 
 Sec. 2. The General Assembly shall provide by law for the 
 proper ventilation of mines, the construction of escapement shafts, 
 and such other appliances as may be necessary to protect the health 
 and secure the safety of the workmen therein ; and shall prohibit 
 the employment in the mines of children under twelve years of 
 age. 
 
 Sec. 3. The General Assembly may make such regulations, 
 from time to time, as may be necessary for the proper equitable 
 drainage of mines. 
 
 Sec. 4. The General Assembly may provide that the science 
 of mining and metallurgy be taught in one or more of the institu- 
 tions of learning under the patronage of the State. 
 
 IRRIGATION. 
 
 Sec. 5. The water of every natural stream, not heretofore 
 appropriated, within the State of Colorado, is hereby declared to 
 be the property of the public, and the same is dedicated to the use 
 of the people of the State, subject to appropriation as hereinafter 
 provided. 
 
 Sec. 6. The right to divert unappropriated water of any natural 
 stream to waters of any natural stream for beneficial uses shall 
 never be denied. Priority of appropriation shall give the better 
 right as between those using the water for the same purpose ; but 
 when the waters of any natural stream are not sufficient for the 
 service of all those desiring the use of the same, those using the 
 water for domestic purposes shall have the preference over those 
 claiming for any other purpose, and those using the water for 
 agricultural purposes shall have preference over those using the 
 same for manufacturing purposes. 
 
 Sec. 7. All persons and corporations shall have the right of 
 way across public, private and corporate lands for the construction 
 of ditches, canals and flumes, for the purpose of conveying water 
 for domestic purposes, for the irrigation of agricultural lands, and 
 for mining and manufacturing purposes, and for drainage, upon 
 payment of just compensation. 
 
 Sec. 8. The General Assembly shall provide by law that the 
 Board of County Commissioners, in their respective counties, shall 
 have power, when application is made to them by either party 
 interested, to establish reasonable maximum rates to be charged for 
 the use of water, whether furnished by individuals or corporations. 
 
CONSTITUTION OF COLORADO. 145 
 
 ARTICLE XVII. 
 
 MILITIA. 
 
 Section i. The militia of the State shall consist of all able- 
 bodied male residents of the State, between the ages of eighteen 
 and forty-five years, except such persons as may be exempted by 
 the laws of the United States or of the State. 
 
 Sec. 2. The organization, equipment and discipline of the 
 militia shall conform, as nearly as practicable, to the regulations 
 for the government of the armies of the United States. 
 
 Sec. 3. The Governor shall appoint all general, field and staff 
 officers, and commission them. Each company shall elect its own 
 officers, who shall be commissioned by the Governor ; but if any 
 company shall fail to elect such officers within the time prescribed 
 by law, they may be appointed by the Governor. 
 
 Sec. 4. The General Assembly shall provide for the safe keep- 
 ing of the public arms, military records, relics and banners of 
 the State. 
 
 Sec. 5. No person having conscientious scruples against bear- 
 ing arms shall be compelled to do militia duty in time of peace ; 
 Provided, Such person shall pay an equivalent for such exemption. 
 
 ARTICLE XVIII. 
 
 MISCELLANEOUS. 
 
 Section i. The General Assembly shall pass liberal home- 
 stead and exemption laws. 
 
 Sec. 2. The General Assembly shall have no power to authorize 
 lotteries or gift enterprises for any purpose, and shall pass laws to 
 prohibit the sale of lottery or gift enterprise tickets in this State. 
 
 Sec. 3. It shall be the duty of the General Assembly to pass 
 such laws as may be necessary and proper to decide differences by 
 arbitrators, to be appointed by mutual agreement of the parties to 
 any controversy, who may choose that mode of adjustment. The 
 powers and duties of such arbitrators shall be as prescribed by 
 law. 
 
 Sec. 4. The term felony, wherever it may occur in this Consti- 
 tution, or the laws of the State, shall be construed to mean any 
 criminal offense punishable by death or imprisonment in the peni- 
 tentiary, and none other. 
 
 Sec. 5. The General Assembly shall prohibit by law the 
 importation into this State, for the purpose of sale, of any 
 spurious, poisonous, or drugged spirituous liquors, or spirituous 
 10— Col N 
 
146 CONSTITUTION OF COLORADO. 
 
 liquors adulterated with any poisonous or deleterious substance, 
 mixture, or compound ; and shall prohibit the compounding or 
 manufacture within this State, except for chemical or mechanical 
 purposes, of any of said liquors, whether they be denominated 
 spirituous, vinous, malt or otherwise ; and shall also prohibit the 
 sale of any such liquors to be used as a beverage, and any viola- 
 tion of either of said prohibitions shall be punished by fine and 
 imprisonment. The General Assembly shall provide by law for the 
 condemnation and destruction of all spurious, poisonous or drugged 
 liquors herein prohibited. 
 
 Sec. 6. The General Assembly shall enact laws in order to 
 prevent the destruction of and to keep in good preservation the 
 forests upon the lands of the State, or upon the lands of the public 
 domain, the control of which shall be conferred by congress upon 
 the State. 
 
 Sec. 7. The General Assembly may provide that the increase 
 in the value of private lands caused by the planting of hedges, 
 orchards and forests thereon shall not for a limited time, to be fixed 
 by law, be taken into account in assessing such lands for taxation. 
 
 Sec. 8. The General Assembly shall provide for the publication 
 of the laws passed at each session thereof; and until the year 1900 
 they shall cause to be published in Spanish and German a sufficient 
 number of copies of said laws to supply that portion of the inhab- 
 itants of the State who speak those languages and who may be 
 unable to read and understand the English language. 
 
 ARTICLE XIX. 
 
 AMENDMENTS. 
 
 Section i. The General Assembly may at any time by a vote 
 of two-thirds of the members elected to each House recommend 
 to the electors of the State to vote at the next general election for 
 or against a convention to revise, alter and amend this Constitu- 
 tion ; and if a majority of those voting on the question shall declare 
 in favor of such convention the General Assembly shall at its next 
 session provide for the calling thereof. The number of members 
 of the convention shall be twice that of the Senate and they shall 
 be elected in the same manner, at the same places, and in the 
 same districts. The General Assembly shall, in the act of caUing 
 the convention designate the day, hour and place of its meeting, 
 fix the pay of its members and officers, and provide for the pay- 
 ment of the same, together with the necessary expenses of the con- 
 vention. Before proceeding the members shall take an oath to 
 
CONSTITUTION OF COLORADO. 147 
 
 support the Constitution of the United States and of the State of 
 Colorado and to faithfully discharge their duties as members of the 
 convention. The qualification of members shall be the same as 
 of members of the Senate, and vacancies occurring shall be filled in 
 the manner provided for filling vacancies in the General Assembly. 
 Said convention shall meet within three months after such election 
 and prepare such revisions, alterations or amendments to the Con- 
 stitution as may be deemed necessary, which shall be submitted to 
 the electors for their ratification or rejection, at an election appointed 
 by the convention for that purpose, not less than two nor more than 
 six months after adjournment thereof; and unless so submitted and 
 approved by a majority of the electors voting at the election no 
 such revision, alteration or amendment shall take effect. 
 
 Sec. 2. Any amendment or amendments to this Constitution 
 may be proposed in either House of the General Assembly and if 
 the same shall be voted for by two-thirds of all the members elected 
 to each House, such proposed amendments, together with the ayes 
 and noes of each House thereon, shall be entered in full on their 
 respective journals ; and the Secretary of State shall cause the said 
 amendment or amendments to be published in full in at least one 
 newspaper in each county (if such there be) for three months pre- 
 vious to the next general election for members to the General 
 Assembly ; and at said election the said amendment or amend- 
 ments shall be submitted to the qualified electors of the State for 
 their approval or rejection, and such as are approved by a majority 
 of those voting thereon shall become part of this Constitution, but 
 the General Assembly shall have no power to propose amendments 
 to more than one article of this Constitution at the same session. 
 
 SUBJECTS OF THE SEVERAL ARTICLES OF THE 
 CONSTITUTION OF COLORADO. 
 
 PAGE 
 
 Article I. Boundaries .... . • ■ 102 
 
 II. Bill of Rights ■ . . 102 
 
 III. Distribution of Powers .... 106 
 
 IV. Executive Department . 106 
 
 V. Legislative Department ... i" 
 
 VI. Judicial Department ..... . 119 
 
 VII. Suffrage and Elections - 125 
 
 VIII. State Institutions . . . . . .126 
 
 IX. Education . . •. . . .128 
 
 ■ X. Revenue . . .13° 
 
 XI. Public Indebtedness. . ... 133 - 
 
 XII. Officers ... • ... 136 
 
 XIII. Impeachments . . 138 
 
 XIV. Counties .... • • ^39 
 
 XV. COKPORATIONS 14^ 
 
 XVI-. Mining and Irrigation ... 143 - 
 
 XVII. Militia i45 
 
 XVIII. Miscellaneous . . . . '45 
 
 XIX- AiMblSUMliNiS 10 
 
APPENDIX 
 
 TERRITORIAL GOVERNORS OF COLORADO. 
 
 From To 
 
 William Gilpin July, 1861 May, 1862 
 
 John Evans May, 1862 Oct. 1865 
 
 Alexander Cummings Oct. 1865 May, 1867 
 
 Alexander C. Hunt May, 1867 June, 1869 
 
 Edward M. McCook June, 1869 April, 1873 
 
 Samuel H. Elbert April, 1873 July, 1874 
 
 Edward M. McCook July, 1874 Mar. 1875 
 
 John L. Eoutt . . Mar. 1875 Nov. 1876 
 
 GOVERNORS OF THE STATE OF COLORADO. 
 
 John L. Eoutt . . Nov. 1876 Jan. 1879 
 
 Fred. W. Pitkin ... Jan. 1879 Jan. 1883 
 
 James B. Grant Jan. 1883 Jan. 1885 
 
 Benj. H. Eaton Jan. 1885 Jan. 1887 
 
 Alva Adams . Jan. 1887 Jan. 1889 
 
 Job A. Cooper Jan. 1889 Jan. 1891 
 
 John L. Eoutt Jan. 1891 Jan. 1893 
 
 Davis H. Waite Jan. 1893 Jan. 1895 
 
 Albert W. Mclntire . . ... . Jan. 1895 Jan. 1897 
 
 Alva Adams Jan. 1897 
 
 COUNTIES AND COUNTY SEATS IN COLORADO. 
 
 County. County Seat. 
 
 1. Arapahoe Denver. 
 
 2. Archuleta Pagosa Springs. 
 
 3. Baca Springfield. 
 
 4. Bent Las Animas. 
 
 5. Boulder . Boulder. 
 
 6. Chafiee . . Buena Vista. 
 
 7. Cheyenne . Cheyenne Wells. 
 
 8. Clear Creek Georgetown 
 
 9. Conejos . . Conejos. 
 
 10. Costilla . San Luis. 
 
 11. Custer . . Silvep Cliff, 
 
 148 
 
APPENDIX. 149 
 
 County. County Seat. 
 
 12. Delta Delta. 
 
 13. Dolores Eico. 
 
 14 Douglas Castle Kock. 
 
 15. Eagle Bed Cliff. 
 
 16. Elbert Kiowa. 
 
 17. El Paso Colorado Springs. 
 
 18. Fremont Canon City. 
 
 19. Garfield . Glenwood Springs. 
 
 20. Gilpin Central City. 
 
 21. Grand Hot Sulphur Springs. 
 
 22. Gunnison Gunnison. 
 
 23. Hinsdale Lake City. 
 
 24. Huerfano Walsenburg. 
 
 25. Jefferson Golden. 
 
 26. Kiowa Sheridan Lake. 
 
 27. Kit Carson Burlington. 
 
 28. Lake Leadville. 
 
 29. La Plata Durango. 
 
 30. Larimer Fort Collins. 
 
 31. Las Animas Trinidad. 
 
 32. Lincoln Hugo. 
 
 83. Logan Sterling. 
 
 34. Mesa Grand Junction. 
 
 35. Mineral Creede. 
 
 36. Montezuma Cortez. 
 
 37. Montrose Montrose. 
 
 38. Morgan Fort Morgan. 
 
 39. Otero La Junta. 
 
 40. Ouray Ouray. 
 
 41. Park Fairplay. 
 
 42. Phillips Holyoke. 
 
 43. Pitkin Aspen. 
 
 44. Prowers Lamar. 
 
 45. Pueblo Pueblo. 
 
 46. Eio Blanco Meeker. 
 
 47. Eio Grande Del Norte. 
 
 48. Eoutt Hahn's Peak. 
 
 49. Saguache Saguache. 
 
 60. San Juan Silverton. 
 
 51. San Miguel ■ • • • • Telluride. 
 
 52. Sedgwick Julesburg. 
 
150 APPENDIX. 
 
 CocNTY. County Seat. 
 
 53. Summit Brecken ridge. 
 
 54. Washington . .' Akron. 
 
 55. Weld Greeley. 
 
 56. Yuma Yuma. 
 
 57. Teller Cripple Creek. 
 
 SALARIES OF THE PRINCIPAL STATE OFFICERS. 
 
 Governor .... ... . . . |5000 
 
 Lieutenant-Governor 1000 
 
 Secretary of State 3000 
 
 Auditor 2500 
 
 Attorney-General 3000 
 
 Treasurer 6000 
 
 Superintendent of Public Instruction 3000 
 
 Justices of Supreme Court, each 5000 
 
 Judges of Court of Appeals, each 5000 
 
 Judges of District Courts, each . . . . 4000 
 
 District Attorneys, each . . . 800 
 
 A member of the General Assembly receives %1 per day and mileage. 
 The salaries of local officers are regulated by general law. 
 
 WORKS OF REFERENCE. 
 
 The plan of this book presupposes a careful reading of the Coni^titu- 
 tion together with such supplementary reading as the time and oppor- 
 tunities of the pupil may permit. The following works will be found 
 helpful and stimulating: 
 
 Mills, Annotated Statutes of Colorado. 
 Dole, The American Citizen. 
 Dole, Talks About Law. 
 NoRDHOFJ!', Politics for Young Americans. 
 
 Lalor, Cyclopaedia of Political Science, Political Economy and United 
 States History. 
 
 Adams, Johns Hopkins University Studies. 
 
 Thorpe, A Course in Civil Government. 
 
 Macy, Our Oovernmeiil. 
 
 Wilson, The State. 
 
 FiSKE, Civil Government in the United States. 
 
 Bryce, The American Commonwealth. 
 
 Martin, Cirit Government. , 
 
 Hinsdale, The American Government. 
 
 Brooks, Moiv the Mepublic is Governed. i 
 
(The references are to paragraphs except where otherwise indicated.) 
 
 Administrative boards and ap- 
 pointed OFricEES, 49. 
 
 Administrative officers, p. 45. 
 
 Agricultural college, 114. 
 
 Annual school meeting, 81. 
 
 Appendix, p. 148. 
 
 Appointed county officers : county 
 attorney, 75 ; county visitors, 76 ; 
 county sheep inspector, 77 ; road 
 overseer, 78 ; county board of 
 horticulture, 79. 
 
 Arapahoe county court-house, p. 59. 
 
 Assessment of taxes, 94. 
 
 Attempts at government, p. 14. 
 
 Attorney-general, 47. 
 
 Attorneys, 61. 
 
 Auditor of State, 45. 
 
 Benevolent institutions, 120. 
 Board of county commissioners, 67. 
 Boards of State institutions, p. 44. 
 
 Candidates, 135. 
 
 Capitol building, p. 33. 
 
 Citizen, 30. 
 
 City defined, 83. 
 
 City hall, Denver, p. 67. 
 
 City of Denver, 90. 
 
 Classification of cities, 85. 
 
 Clerk of court, 60. 
 
 Collection of taxes, 97. 
 
 Colorado as a State, p. 19. 
 
 Colorado as a Territory, p. 16. 
 
 Committees, 38. 
 
 Compulsory education, 108. 
 
 Constable, 58. 
 
 Constitution of Colorado, 102. 
 
 Contested elections, 145. 
 
 Control and maintenance of State 
 
 schools, 117. 
 Conventions, 136. 
 Council, 88. 
 Counting votes, 143. 
 County, 65. 
 County assessor, 71. 
 County attorney, p. 54. 
 flmin+.-o- p.lfirt n.n(i recorder. 68. 
 
 County coroner, 72. 
 
 County court, 55. 
 
 County jail, 126. 
 
 County officers, 66. 
 
 County superintendent of schools, 
 
 74. 
 (bounty surveyor, 73. 
 County treasurer, 70. 
 Court of appeals, 53. 
 
 Delinquent classes, 125. 
 Departments of government, 32. 
 Dependent classes of people, 122. 
 Discovery and exploration, p. 11. 
 District attorney, p. 54. 
 District court, 54. 
 
 Early settlements, p. 12. 
 Elections, pp. 93, 96. 
 Elector, 31. 
 
 Equalization of taxes, 95. 
 Executive department, 41. 
 Executive officers of courts, 59. 
 Ex-officio hoards, p. 42. 
 
 Future of Colorado, p. 24. 
 
 General Assembly, 34. 
 General property tax, 93. 
 Gilpin, William, p. 9. 
 Government, 5. 
 Government of cities, 86. 
 Governor, 42. 
 
 Graded elementary schools, 106. 
 Graded schools, 105. 
 Great seal, p. 28. 
 
 Higher education, p. 81. 
 High School, East Denver, p. 77. 
 Historical sketch of Colorado, p. 9. 
 House of Eepresentatives, 35. 
 How laws are made, 39. 
 
 Importance of local govern- 
 ment, 6. 
 Incorporation of cities, 84. 
 Industrial school. 129. 
 
152 
 
 INDEX. 
 
 Industrial school for girls, 130. 
 Irrigating a wheat field, p. 21. 
 
 Judges of election, 141. 
 Judicial power, 51. 
 Justice's court, 57. 
 
 Land, 2. 
 
 Laws, 4. 
 
 Legislative power, 33. 
 
 Licensing of teachers, 110. 
 
 Lieutenant-governor, 43. 
 
 Local government, 64. 
 
 Majority and minority, 132. 
 
 Map of Colorado, p. 10. 
 
 Mayor, 87. 
 
 Militia, 50. 
 
 Municipal government, p. 67. 
 
 Nomination by certificate, 138. 
 Nominations by convention, 137. 
 Notary public, p. 46. 
 
 Officer-elect, 146. 
 Organization of political parties, 
 
 134. 
 Organization of the two houses, 37. 
 Other income, 99. 
 Other officers of the city, 89. 
 Other State boards, p. 43. 
 Other taxes, 98. 
 
 Penal and reformatory insti- 
 tutions, p. 88. 
 
 Penitentiary, 127. 
 
 People, 3. 
 
 Police court, 56. 
 
 Political parties, 133. 
 
 Prominent events in the history 
 of Colorado, p. 26. 
 
 Public education, p. 77. 
 
 Public indebtedness, 100. 
 
 Reference books, p. 27. 
 Eepresentative apportionment, p. 
 
 30. 
 Besources of Colorado, p. 20. 
 
 Restrictions on law-making, 40. 
 Eevenne for support of schools, 109. 
 Routt, John L., p. 19. 
 Royal Gorge, p. 25. 
 Rnral schools, 104. 
 
 Safeguards against frauds in 
 elections, 144. 
 
 School directors, 82. 
 
 School districts, 80. 
 
 School system, 103. 
 
 School for the deaf and the blind, 
 121. 
 
 School of mines, 113. 
 
 Secondary school, 107. 
 
 Secretary of State, 44. 
 
 Senate, 36. 
 
 Senatorial districts, p. 30. 
 
 Sheriff, 69. 
 
 Special schools. 111. 
 
 Soldiers' and sailors' home, 124. 
 
 State, definition of, 1. 
 
 State home for dependent children, 
 123. 
 
 State normal school, pp. 83, 84. 
 
 State reformatory, 128. 
 
 State treasurer, 46. 
 
 State university, 116. 
 
 Studies on benevolent, penal and 
 reformatory institutions, p. 92. 
 
 Studies on elections, p. 101. 
 
 Studies on local government, p. 70. 
 
 Studies on public education, p. 86. 
 
 Studies on taxation, 76. 
 
 Studies on the government of the 
 State, p. 57. 
 
 Superintendent of public instruc- 
 tion, 48, 102. 
 
 Supervisory boards, 131. 
 
 Supreme court, 52. 
 
 Taxes, 92. 
 
 Tax levy, 96. 
 
 Ticket, 139. 
 
 Towns, 91. 
 
 Trial by impeachment, 63. 
 
 Trial by jury, 62. 
 
 Voting, 142. 
 
 The End.