Consolidated Motor Freight, Inc. v. Bedford, 13382.

• Decision Date: 18 October 1933
• Docket Number: 13382.
• Citation: 26 P.2d 1066,93 Colo. 440
• Parties: CONSOLIDATED MOTOR FREIGHT, Inc., a Colorado Corporation, Plaintiff in Error, v. Homer F. BEDFORD, Treasurer of the State of Colorado and Head of the Division of Taxation of the Department of Finance and Taxation of the State of Colorado, et al., Defendants in Error.
• Court: Colorado Supreme Court

26 P.2d 1066

93 Colo. 440

CONSOLIDATED MOTOR FREIGHT, Inc., a Colorado Corporation, Plaintiff in Error, v. Homer F. BEDFORD, Treasurer of the State of Colorado and Head of the Division of Taxation of the Department of Finance and Taxation of the State of Colorado, et al., Defendants in Error.

No. 13382.

Supreme Court of Colorado, En Banc.

October 18, 1933

Rehearing Denied Nov. 1, 1933.

Appeal from District Court, City and County of Denver; Robert W. Steele, Judge.

Jack Garrett Scott, of Denver, for plaintiff in error.

Paul P. Prosser, Atty. Gen., Norris C. Bakke, Deputy Atty. Gen., and Charles Roach, Pierpont Fuller, Jr., and M S. Ginsberg, Asst. Attys. Gen., for defendants in error.

HILLIARD, Justice.

For the reasons announced in our opinion in Walker v. Bedford, 26 P.2d 1051, decided this day, the judgment herein should be reversed. We have found it unnecessary, in the light of our finding in the Walker Case that chapter 14, p. 94, Session Laws of the Extraordinary Session of 1933, is void because repugnant to sections 3 and 7, article 10, of the Constitution, to pass upon the question, presented in this case alone, of whether that act does not also contravene paragraph 3, section 8, article 1, of the Constitution of the United States.

Let the order be that the judgment of the trial court is reversed, with instructions to overrule the demurrer.

ADAMS, C.J., and CAMPBELL and BURKE, JJ., concur.

BUTLER, BOUCK, and HOLLAND, JJ., dissent for the reasons stated in their respective dissenting opinions in Walker v. Bedford.