Legal Opinion · Dissent

People v. Quimby

Supreme Court of Colorado

Decided May 6, 1963No. 20681Published

1DissentChief Justice Frantz

People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 Pac. 1110 — doctrinally approved in Gibbs v. People, 66 Colo. 414, 182 Pac. 895 • — constitutes an amendment of Article XIV, Section 9 of the Constitution of this state by judicial act, and hence should be accepted for what it is: a usurpation by the judiciary of a power solely and wholly reserved in the people. I, therefore, respectfully but vigorously refuse to follow a-precedent which, after study, should be gracefully acknowledged by us *238to have been a judicial mistake, and therefore to have attained no greater stature than being res…

2Cases cited27 opinions

  1. Higgins v. BordagesTexas Supreme Court · 1895
  2. People ex rel. Attorney General v. CassidaySupreme Court of Colorado · 1911
  3. City & County of Denver v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1919
  4. Town of Holyoke v. SmithSupreme Court of Colorado · 1924
  5. People v. PitcherSupreme Court of Colorado · 1916

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