People ex rel. Elder v. Sours
Supreme Court of Colorado
Original Proceeding. The controversy is between C. S. Elder, treasurer of Arapahoe county, and Paul J. Sours, treasurer of the city of Denver.
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Original Proceeding. The controversy is between C. S. Elder, treasurer of Arapahoe county, and Paul J. Sours, treasurer of the city of Denver. Prior to December 1, 1902, C. S. Elder served upon Paul J. Sours a written demand and notice, in which it is stated that upon the issuance of tire proclamation of the governor of the state declaring that article 20 had been ratified by the people, he, the said Elder, became the treasurer of the City and County of Denver, and demanding that the said Paul J. Sours deliver to him, as the treasurer of the City and County of Denver, all. moneys, books,…
1Opinion of the CourtJustice Steele
At the time of the filing of the pleadings in the case, upon the matter being presented, we determined *376that the burden was upon the respondent to establish the fact.that the constitution had been violated in proposing and submitting the amendment. At the outset it should be stated that every reasonable presumption, both of law and fact, is to be indulged in favor of the validity of an amendment to the constitution when it is attacked after its ratification by the people. In the determination of these questions we ought constantly to keep in mind the declaration of the people in the bill of…
2Cases cited11 opinions
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- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Green v. WellerMississippi Supreme Court · 1856
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- In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890
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3Cited by117 opinions
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