Legal Opinion

In re Constitutionality of Senate Bill No. 293

Supreme Court of Colorado

Decided January 15, 1895PublishedCited by 6 opinions

Original Proceeding. The opinion of the court is in response to the following preamble and interrogatories: “ Whereas, provision is made in and by section 2 of senate bill No. 293 for the consolidation of certain towns and cities with larger cities, said section being in the following words, namely: ‘“Sec. 2. All towns and cities now or hereafter existing, having a population of less than one hundred thousand, and lying contiguous to any city existing or to exist under…

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Original Proceeding. The opinion of the court is in response to the following preamble and interrogatories: “ Whereas, provision is made in and by section 2 of senate bill No. 293 for the consolidation of certain towns and cities with larger cities, said section being in the following words, namely: ‘“Sec. 2. All towns and cities now or hereafter existing, having a population of less than one hundred thousand, and lying contiguous to any city existing or to exist under general laws or a special charter with a population of one hundred thousand or more shall, upon the passage of this act, or…

1Opinion of the CourtChief Justice Hayt

The constitution requires the legislature to provide by gen*40eral law for -the organization and classification of cities and towns and prohibits special legislation in all cases where a general law can be made applicable. By the first provision mentioned the sovereign power has determined that a general law can be made applicable to the organization and classification of cities and towns, and it therefore follows that all special legislation upon the subject is prohibited.

The legislature has by general law provided for the incorporation of cities and towns; for the annexation of contiguous…

2Cases cited1 opinion

  1. In re Extension of BoundariesSupreme Court of Colorado · 1893

3Cited by6 opinions

  1. People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
  2. In Re Senate Bill No. 95 of the Forty-Third General AssemblySupreme Court of Colorado · 1961
  3. Griffin v. City of Canon CitySupreme Court of Colorado · 1961
  4. In Re Interrogatory Propounded by Governor Roy Romer on House Bill 91S-1005Supreme Court of Colorado · 1991
  5. In Re Interrogatory Propounded by Governor Roy Romer on House Bill 91S-1005Supreme Court of Colorado · 1991

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