Board of County Commissioners v. Smith
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. This is a mandamus proceeding submitted upon an agreed state of facts, from which it appears that in the year 1893 the board of county commissioners of Pueblo county, being, of opinion that the needs of precinct No. 1 in that county required an additional justice- of the peace, increased the number of justices by the appointment of an additional'jus-i tice.
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Appeal from the District Court of Pueblo County. This is a mandamus proceeding submitted upon an agreed state of facts, from which it appears that in the year 1893 the board of county commissioners of Pueblo county, being, of opinion that the needs of precinct No. 1 in that county required an additional justice- of the peace, increased the number of justices by the appointment of an additional'jus-i tice. August 21,1895, this order was rescinded, and a resolution entered of record declaring the number of justices reduced to two. At the regular election in 1895, one Carey received the highest…
1Opinion of the CourtChief Justice Hayt
delivered tlie opinion of the court.
Is the act of 1891 in violation of section 28 of article VI. of the state constitution ? The first section of article VI. of the state constitution provides that “ the judicial power of the state, * * * shall be vested in * * * justices of the peace, * * * Section 25 provides that “ justices of the peace shall have such jurisdiction as may be conferred by law, except,” etc.
By section 11 of article XIV., the election of such officers is provided for and the term of office fixed at two years. This section fixes the number of justices at two in each precinct,…
2Cases cited18 opinions
- In re ClohertyWashington Supreme Court · 1891
- The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
- Georgia Railroad v. SmithSupreme Court of Georgia · 1883
- State v. ParkerSupreme Court of Vermont · 1854
- People v. ParksCalifornia Supreme Court · 1881
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3Cited by21 opinions
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- Bushnell v. SappSupreme Court of Colorado · 1977
- Carleno Coal Sales, Inc. v. Ramsay Coal Co.Supreme Court of Colorado · 1954
- City of Denver v. LondonerSupreme Court of Colorado · 1905
- State ex rel. Williams v. Sawyer CountyWisconsin Supreme Court · 1909
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