Legal Opinion

In re Constitutionality of an Act

Supreme Court of Colorado

Decided January 15, 1895PublishedCited by 17 opinions

Original Proceeding-. The opinion of the court as to the constitutionality of the act whose title is above given is in response to the following preamble and resolution: “Whereas, there has been introduced into the house of representatives of the state of Colorado, and there is now pending in said body, house bill No. 168, a copy of which is hereto attached, which bill provides, among other things, for the repeal of section one and three of an act to provide for the…

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Original Proceeding-. The opinion of the court as to the constitutionality of the act whose title is above given is in response to the following preamble and resolution: “Whereas, there has been introduced into the house of representatives of the state of Colorado, and there is now pending in said body, house bill No. 168, a copy of which is hereto attached, which bill provides, among other things, for the repeal of section one and three of an act to provide for the assessment; levy and collection of a state tax for the support and maintenance of certain state educational institutions, etc.,…

1Per curiam

It has been the established practice of this court not to answer questions propounded by the legislature, if such questions affect private rights, or if they do not relate to pending legislation. The question above submitted relates strictly not to a bill pending in the house of representatives, though it is asked in connection with, and as bearing upon, house bill No. 168, but it relates to the constitutionality of an act passed by the general assembly at the session of 1891. But inasmuch as the rights of the public are involved, and the interests of the state institutions concerned are so…

2Cases cited3 opinions

  1. In re BreeneSupreme Court of Colorado · 1890
  2. People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
  3. In re Continuing AppropriationsSupreme Court of Colorado · 1893

3Cited by17 opinions

  1. Anderson v. LammSupreme Court of Colorado · 1978
  2. Colorado General Assembly v. LammSupreme Court of Colorado · 1985
  3. Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
  4. Oxnard Beet Sugar Co. v. StateNebraska Supreme Court · 1905
  5. State Ex Rel. Jensen v. KellySouth Dakota Supreme Court · 1937

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