Empire Savings, Building & Loan Ass'n v. Otero Savings & Loan Ass'n

I concur with the majority opinion except for Part III-B, from which, respectfully, I dissent.

The majority position in Part III-B is grounded on the proposition that the Governor’s authority to prescribe the matters for legislative action must be interpreted so as not to offend the doctrine of separation of powers. CoIo.Const. Art. Ill provides:

“The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments…