Mountain States Telephone & Telegraph Co. v. People

Mr. Justice Scott and Mr. Justice Teller

dissent.

Mr. Justice Allen and Mr. Justice Denison not participating.

Mr. Justice Allen and Mr. Justice Denison decline to participate in the decision, each having decided questions involved at nisi prius, Mr. Justice Denison having tried the cause finally. It therefore becomes necessary to determine what number of judges constitute the Supreme Court en banc, and how many must participate to decide a case.

Section 5 of Article YI of the Colorado Constitution reads: “The Supreme Court shall consist of seven judges, who may sit en banc, or in two or more…