Legal Opinion

In re Penitentiary Commissioners

Supreme Court of Colorado

Decided January 15, 1894PublishedCited by 4 opinions

Original Proceeding. The opinion of the court is in response to the following communication and question from the governor: “ To the Honorable, the Supreme Court of the State of Colorado. “ Sirs: A question of serious import has arisen in the executive department of the state, upon the following facts : “ The seventh general assembly, April 19, 1889, passed an act to establish the Colorado State Reformatory, which was afterwards established at Buena Vista.

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Original Proceeding. The opinion of the court is in response to the following communication and question from the governor: “ To the Honorable, the Supreme Court of the State of Colorado. “ Sirs: A question of serious import has arisen in the executive department of the state, upon the following facts : “ The seventh general assembly, April 19, 1889, passed an act to establish the Colorado State Reformatory, which was afterwards established at Buena Vista. “ The question of serious import referred to, arises wholly from the different manner in which the act to establish the state reformatory…

1Opinion of the CourtJustice Elliott

1. Under section 3 of article 6 of the Constitution as amended the governor may submit to this court for its opinion any question he may deem proper, and when submitted, such question is entitled to respectful consideration. But the court must of necessity determine for itself the importance of such question as well as the solemnity of the occasion under which such opinion is sought to be obtained. The nature *413of the answer proper to be returned under the particular circumstances of each case is a matter for judicial determination; this has been held in several cases. Opinion of the Justices,…

2Cases cited5 opinions

  1. In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890
  2. In re the Constitutionality of Senate Bill No. 65Supreme Court of Colorado · 1889
  3. GovernorSupreme Court of Missouri · 1872
  4. In re House Resolution No. 25Supreme Court of Colorado · 1890
  5. In re Board of Capitol CommissionersSupreme Court of Colorado · 1893

3Cited by4 opinions

  1. In Re Senate Resolution No. 2Supreme Court of Colorado · 1934
  2. In Re Interrogatories of the Senate Concerning Constitutionality of House Bill No. 45.Supreme Court of Colorado · 1934
  3. In Re Senate Resolution No. 2Supreme Court of Colorado · 1934
  4. In re Leasing of State LandsSupreme Court of Colorado · 1899

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