The Colorado Law Reporter Volume 2

The Colorado Law Reporter Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...majority' in the ninth line of said section, and inserting instead thereof the words, 'two-thirds, ' and by inserting in the tenth line of said section, before the word 'vote, ' the word 'legal;' Provided, that this act shall not apply to the counties of Weld, Clear Creek, Summit, Grand, San juan, La Plata and Elbert.." It will be observed that the apparent object of this amendment, as well as its effect, was, that while in certain counties named a majority of the votes cast upon the question of a change of the county seat should be sufficient to control, in all the other counties two-thirds of the whole number of votes cast were required to accomplish a like purpose. This was a radical change in the whole law upon the mode of removal, inasmuch as it operated to convert a general law, having a uniform operation throughout the whole Territory, into a special law, or one having a local and varied application to the different counties. In other words, to accomplish the same purpose in each county, the law for such purpose was made to apply differently in different counties. Hence the law as it thus stood at the time of the adoption of the constitution of the State was in conflict with the express inhibition of Sec. 25 of Art.V of that instrument, which provides, that "The General Assembly shall not pass special or local laws in any of the following enumerated cases---that is to say: locating or changing county seats.." " In all other cases where a general law can be made applicable, no special law shall be enacted." And the first section of the schedule of the constitution declares, that "all laws in force at the adoption of this constitution shall, so far as not...
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Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • United States
  • English
  • black & white illustrations
  • 1236762002
  • 9781236762009