Legal Opinion

In re Senate Bill Providing for a Board of Public Works

Supreme Court of Colorado

Decided December 15, 1888PublishedCited by 16 opinions

The sections of the bill referred to that are submitted create a board of public works for the city of Denver, the members of which are to be appointed by the governor with the advice and consent of the senate. Such board is charged with numerous duties and endowed with extensive powers in relation to the expenditure of city funds, the payment and cancellation of certain outstanding city warrants, and the making of certain public improvements.

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The sections of the bill referred to that are submitted create a board of public works for the city of Denver, the members of which are to be appointed by the governor with the advice and consent of the senate. Such board is charged with numerous duties and endowed with extensive powers in relation to the expenditure of city funds, the payment and cancellation of certain outstanding city warrants, and the making of certain public improvements. It also possesses a large supervisory control over contracts of the city council involving the expenditure of $5,000. In relation to this measure the…

1Per curiam

Municipal corporations are creatures of legislative enactment; and, in the absence of inhibitory or limiting constitutional provision, the general assembly has plenary power to adopt such measures as shall in its judgment be most conducive to their efficiency and usefulness. This principle includes the manner of filling municipal offices. 1 Dill. Mun. Corp. §§ 58-60; State v. Seymour, 35 N. J. Law, 47; County Court v. Griswold, 58 Mo. 175; Daley v. City of St. Paul, 7 Minn. 390.

There is no constitutional provision expressly withholding from the legislature power to authorize the appointment…

2Cases cited3 opinions

  1. County Court v. GriswoldSupreme Court of Missouri · 1874
  2. Daley v. City of Saint PaulSupreme Court of Minnesota · 1862
  3. Darrow v. PeopleSupreme Court of Colorado · 1885

3Cited by16 opinions

  1. People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
  2. Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of Colorado · 1922
  3. People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
  4. Town of Holyoke v. SmithSupreme Court of Colorado · 1924
  5. City and County of Denver v. EggertSupreme Court of Colorado · 1982

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