Legal Opinion · Dissent

In re Interrogatories of the Senate

Supreme Court of Colorado

Decided January 15, 1913No. 7978Published

The opinion of' the court is in response to- the following communication from the senate: “To the Honorable Supreme Court of the State of Colorado•: Pursuant to the provisions of the constitution of the state of Colorado in that behalf made and provided, the senate, one of the houses of the nineteenth general assembly, now in session, does hereby respectfully submit certain questions hereinafter propounded, and does respectfully request that you furnish and deliver your…

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The opinion of' the court is in response to- the following communication from the senate: “To the Honorable Supreme Court of the State of Colorado•: Pursuant to the provisions of the constitution of the state of Colorado in that behalf made and provided, the senate, one of the houses of the nineteenth general assembly, now in session, does hereby respectfully submit certain questions hereinafter propounded, and does respectfully request that you furnish and deliver your opinion thereon at the earliest possible moment; and the court is hereby advised of the following facts necessary to be…

1DissentJustice Scott

I cannot concur in the conclusion of the court, to refuse in this instance to give its opinion upon the questions propounded by the senate. The provision of section 3, article VI, of the constitution of Colorado, is as follows:

“The supreme court shall give its opinion upon important questions, upon solemn occasions, when required by the governor, the senate, or the house of representatives; and all such opinions shall be published in connection with the reported decisions of said court.”

I am not unmindful of the fact that this court has assumed to itself in such cases, the absolute right to…

2Cases cited9 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
  3. Rogers v. GoodwinMassachusetts Supreme Judicial Court · 1807
  4. In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890
  5. Coe v. Van WhySupreme Court of Colorado · 1905

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