COLORADO. 



149 



original jurisdiction and settle the case on its 

 merits, if quo warranto proceedings were 

 brought before it by the Attorney-General, and 

 with agreement of counsel on both sides. This 

 was done, and the decision of the court was in 

 favor of the Governor's appointees. All the 

 officers concerned are Populists. 



The Utes. The bill for the removal of the 

 Southern Utes from the State passed Congress 

 at the last session. The Senate Committee on 

 Indian Affairs recommended several amend- 

 ments, one of which provides that any Indians 

 who may elect to do so can remain upon the 

 land at present occupied by them, taking land 

 under the Dawes severalty act. The committee 

 struck out the provision of the bill granting the 

 proceeds of the sales of the lands of the present 

 reservation to the Indians. 



Irrigation Congress. The Third National 

 Irrigation Congress held a session the first week 

 in September, in Denver. There have been 

 differences of opinion on the question of cession 

 of the arid lands to the States ; the Carey act, 

 which cedes to them conditionally 1,000,000 

 acres each for reclamation, sets aside the contest 

 for the present. The main portion of the ma- 

 jority report on resolutions favoring the reclama- 

 tion of the arid lands by the States without 

 taking the title to them from the Federal Gov- 

 ernment till the lands should be settled and cul- 

 tivated was not adopted, but the whole question 

 was postponed another year, to allow the State 

 irrigation commissioners to study and prepare a 

 plan for reclamation of the arid lands. This is 

 the third postponement on this question. The 

 set of resolutions which was adopted touched on 

 minor topics, such as repeal of the desert-land 

 law, investigation by the Government of sources 

 of water supply, appointment of a national irri- 

 gation commission to settle questions of water 

 rights on the Mexican and Canadian borders, 

 and a quasi approval of the Carey law. 



Legislative Session. An extraordinary ses- 

 sion of the Legislature was called by the Gov- 

 ernor, to begin on Jan. 10. The primary object 

 was to secure some means of relief for the dis- 

 tress caused by the silver legislation of Congress. 

 So great was the opposition to the special session 

 expressed by members of the Legislature, that it 

 was expected to be very short ; indeed, the public 

 would not have been surprised if the Legislature 

 had adjourned immediately after hearing the 

 Governor's message. Against all expectation, 

 however, the session continued fifty-two days. 



In his message the Governor recommended 

 changes in the trust-deed and attachment laws 

 which should leave the debtor less at the mercy 

 of the creditor ; repeal of all laws authorizing 

 the issuing of municipal bonds: repeal of the 

 law prohibiting county treasurers from receiving 

 municipal warrants upon municipal tax; pro- 

 vision for issuing certificates or orders for State 

 warrants, and for municipalities to issue such 

 certificates instead of borrowing money ; amend- 

 ment of the irrigation laws ; a law to prevent 

 monopoly of the coal products of the State ; the 

 formation of a new county in the Cripple Creek 

 district ; amendment of the Australian ballot 

 law ; provision for a house-to-house registry of 

 the woman voters ; reduction of delinquent tax 

 penalties; provision for the examination of 



State banks ; provision for making contracts to 

 be paid in gold illegal ; and a law by which " all 

 silver dollars, domestic and foreign, containing 

 not less than 412i grains, nine tenths fine silver, 

 and upon the present ratio of 16 ounces silver to 

 1 ounce gold, should be a legal tender for the 

 payment of debts, public and private, collectable 

 within the State of Colorado." In support of 

 this last proposition the Governor urged, among 

 other considerations, the following, in answer to 

 the objection that such a law would make " a 

 foreign dollar, a Mexican dollar, a dishonest 

 dollar, a 57-cent dollar, legal tender. Yes, it 

 makes 371J grains fine silver in any dollar legal 

 tender for 100 cents. It gives to Colorado, just 

 so far as it is possible without congressional ac- 

 tion, all the results of the free coinage of silver. 

 It may not for all purposes put the Mexican 

 dollar at par, because it will cost something to 

 get our silver bullion to Mexico and some freight 

 on the coin back to the State. It would, in my 

 judgment, for all business purposes except bank- 

 ing, put the Mexican dollar at 90 cents and give 

 us plenty of money. What must be the practi- 

 cal effect of this transaction ? It must put up the 

 price of silver bullion all over the world to $1.29 

 an ounce, less transportation to the United States 

 mint. The 'dishonest dollar' vanishes the mo- 

 ment silver bullion appreciates to its coin value." 



Both branches declared that the action recom- 

 mended by the Governor to make silver money 

 legal tender would be unconstitutional. 



The opinion of the Supreme Court was sought 

 in regard to the powers of the Legislature in 

 special session to enlarge the scope of the meas- 

 ures recommended by the Governor in his proc- 

 lamation. The Governor mentioned the repeal 

 of the tenth, eleventh, and thirteenth causes of 

 attachment in the attachment laws in courts of 

 record. A bill was introduced to repeal these 

 grounds in cases brought in justices' courts, and 

 the question was raised whether the Legislature 

 had the right to step outside the proclamation 

 in any particular. The court decided in the 

 affirmative, holding that, while the Governor 

 might specify the subjects to be passed upon, 

 and no others could be introduced, he could not 

 prescribe the details of legislation upon them. 

 In regard to the matter submitted, the court 

 held that " it would be a narrow construction to 

 hold that the Legislature may amend the laws 

 applicable to certain causes of attachment in 

 courts of record, but that like causes of attach- 

 ment in justices' courts can not be amended 

 under the proclamation. The subject-matter of 

 legislation includes in substance the justices' act 

 as well as the act governing courts of record, 

 and the necessity or desirability of such amenda- 

 tory legislation is certainly as great in the one 

 case as in the other." 



The Senate passed a resolution asking the 

 House to join in the appointment of a com- 

 mittee of conference to decide whether it would 

 be possible to reconcile the disagreements be- 

 tween the two bodies, the Upper House being 

 in favor of adjournment without action, and the 

 Lower in favor of continuing the session and 

 taking action on the subjects for the considera- 

 tion of which the session was called. This prop- 

 osition was rejected by the House. Numerous 

 petitions were received from citizens in favor of 



