Legal Opinion

In re Fire & Excise Commissioners

Supreme Court of Colorado

Decided January 15, 1894PublishedCited by 14 opinions

The Opinion of the Court is in Response to the Following Communication from the G-overnor. “ Whereas, by the terms of section 8 of art. 5 of the Constitution of the state of Colorado, it is provided, among other things, as follows: “ The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor ; and “ Whereas, in consideration of the facts hereinafter set forth and alleged, the present time and condition of affairs as…

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The Opinion of the Court is in Response to the Following Communication from the G-overnor. “ Whereas, by the terms of section 8 of art. 5 of the Constitution of the state of Colorado, it is provided, among other things, as follows: “ The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor ; and “ Whereas, in consideration of the facts hereinafter set forth and alleged, the present time and condition of affairs as therein disclosed is a solemn occasion, and the inquiry hereto subjoined in consideration of such facts and statements…

1Opinion of the CourtJustice Goddard

We have uniformly declined to give an opinion in response to executive or legislative questions propounded under section 8, article VI of the Constitution, that might affect private rights or prejudice private interests. A strict adherence to this rule of practice would preclude our answering the present inquiry, since it in terms calls for an ex parte decision of the rights of contesting claimants to an office. But the gravity of the situation and the impending danger to life and property disclosed by the accompanying statement, imperatively demand that we so far depart from this rule as to…

2Cases cited1 opinion

  1. In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890

3Cited by14 opinions

  1. Colorado State Board of Medical Examiners v. District CourtSupreme Court of Colorado · 1958
  2. In re Interrogatories of the SenateSupreme Court of Colorado · 1913
  3. People ex rel. Parish v. AdamsSupreme Court of Colorado · 1903
  4. People ex rel. v. McCleesSupreme Court of Colorado · 1894
  5. Carlson v. PeopleSupreme Court of Colorado · 1932

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