Legal Opinion

In re House Resolution No. 10

Supreme Court of Colorado

Decided January 15, 1911No. 7429PublishedCited by 7 opinions

Original Proceeding. The opinion of the court is in response to a resolution and interrogatories of the house of representatives of the eighteenth general assembly: House Bill No. 243, a copy of which is attached to the resolution, provides that all proposed amendments to the state constitution and the text of any and all measures submitted under the provisions of recently amended section 1 of article V shall be published in full by the secretary of state for the prescribed…

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Original Proceeding. The opinion of the court is in response to a resolution and interrogatories of the house of representatives of the eighteenth general assembly: House Bill No. 243, a copy of which is attached to the resolution, provides that all proposed amendments to the state constitution and the text of any and all measures submitted under the provisions of recently amended section 1 of article V shall be published in full by the secretary of state for the prescribed time in one newspaper, and no more, which newspaper shall be one of general circulation in each county of the state. The…

1Opinion of the CourtChief Justice Campbell

This court’s reluctance to- pass upon grave con*73stitntional questions in response to the demand of either branch of the general assembly, or the governor, has been repeatedly declared, but the majority think that the conditions, hitherto prescribed as sufficient to' invoke this extraordinary jurisdiction, now exist which makes it proper to comply with this request.

There are two questions for decision, or rather one question dual in character. It is whether constitutional amendments and texts of measures hr be submitted under the so-called initiative and referendum clause of the constitution…

2Cases cited3 opinions

  1. State ex rel. Attorney General v. ConklinWisconsin Supreme Court · 1874
  2. Dearborn v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1867
  3. Quinn v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1885

3Cited by7 opinions

  1. Gottstein v. ListerWashington Supreme Court · 1915
  2. Yenter v. BakerSupreme Court of Colorado · 1952
  3. Fahey v. HackmannSupreme Court of Missouri · 1922
  4. People v. O'NEALColorado Court of Appeals · 2009
  5. Rector v. Northglenn Metropolitan Recreation DistrictSupreme Court of Colorado · 1965

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