In re Extension of Boundaries of City of Denver

• Decision Date: 14 March 1893
• Citation: 32 P. 615,18 Colo. 288
• Parties: In re EXTENSION OF BOUNDARIES OF CITY OF DENVER.
• Court: Colorado Supreme Court

32 P. 615

18 Colo. 288

In re EXTENSION OF BOUNDARIES OF CITY OF DENVER.

Supreme Court of Colorado

March 14, 1893

The opinion of the court was given in response to a resolution by the honorable house of representatives, having reference to the constitutionality of a bill for an act entitled 'An act to revise and amend the charter of the city of Denver.'

PER CURIAM.

The city of Denver was incorporated by a special act of the territorial legislature, previous to the institution of the state government. In reference to such municipal corporations the framers of our state constitution provided, in section 14 of article 14, as follows: 'The general assembly shall also make provision by general law whereby any city, town, or village incorporated by any special or local law may elect to become subject to, and be governed by, the general law relating to such corporations.' In a number of cases this provision has been held as conferring upon such corporations the right to retain their corporate existence, and also that any legislation which may befairly considered as revisory or amendatory to such charters is not inhibited by this or any other provision of the fundamental law. Brown v. City of Denver, 7 Colo. 305, 3 P. 455; Carpenter v. People, 8 Colo 116, 5 P. 828; Darrow v. People, 8 Colo. 426, 8 P. 924. By the bill before us it is sought to extend the boundaries of the city of Denver beyond the present limits of the city, and include therein 13 other municipalities incorporated under the general laws of the territory and state. The principal question therefore is, can the legislature so amend thecharter of the city of Denver as to wipe out the corporate existence of other municipalities, and include the territory thus covered in an amended charter of the city of Denver? That the proposed act is special in character is admitted. Section 25 of article 5 of the constitution provides that the general assembly shall not pass local or special laws in certain enumerated cases, nor in any other case where a general law can be made applicable. It is contended, however, that as to whether a general law can be made applicable is a matter for the legislature, and not for the courts, to determine. As far as the organization and classification of cities and towns are concerned, the framers of our constitution have put the matter at rest by section 13 of article 14 of the state constitution. The section reads as follows: 'The general assembly shall provide by general laws for the organization and classification of cities and towns. The number of such classes shall not exceed four, and the powers of each clas shall be defined by general laws, so that all municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.' As to whether or not any amendment to the city charter of the city of Denver could be made by a special act, in view of the provisions of this section, was for a long time a subject of grave discussion. It was finally set at rest by ...