In re Interrogatories by the Governor as to Senate Bill No. 26

• Decision Date: 12 May 1947
• Docket Number: 15895.
• Citation: 180 P.2d 1018,116 Colo. 318
• Parties: In re INTERROGATORIES BY THE GOVERNOR AS TO SENATE BILL NO. 26.
• Court: Colorado Supreme Court

180 P.2d 1018

116 Colo. 318

In re INTERROGATORIES BY THE GOVERNOR AS TO SENATE BILL NO. 26.

No. 15895.

Supreme Court of Colorado, en Banc.

May 12, 1947

Original proceeding in the Matter of Interrogatories by the Governor as to Senate Bill No. 26.

Interrogatories answered.

H Lawrence Hinkley, Atty. Gen., and Duke W. Dunbar, Depty. Atty. Gen. (Arthur Laws, of Denver, Lyman P. Weld, of Longmont, and Milton J. Blake, of Denver, of counsel), amici curiae.

BURKE Chief Justice.

This is an original proceeding under Section 3, Article VI of our constitution which provides, inter alia, that this court shall give its opinion 'upon important questions upon solemn occasions when required by the governor.'

The Thirty-sixty session of the General Assembly, recently adjourned, passed Senate Bill No. 26. Its title is an act 'Relating to Compensation To Be Paid To Members Of The General Assembly.' It changes the previously existing law by adding thereto:

'* * * each member shall receive the sum of ten dollars ($10.00) per day as expenses for each day he is in attendance at the General Assembly and for each day he is excused because of illness and not otherwise, * * *.

'The payment of expenses, as herein provided, shall be made to members in attendance at the regular session of the Thirty-sixth General Assembly and each subsequent special and regular session until otherwise provided by law; provided, however, that such shall only become due and payable as of the last day of each such session.'

That bill is now before the Governor for his signature and he has asked the court if it violates any of the following sections of the constitution: Sections 6, 9, 21, 26, 28 and 30 of Article V, and Section 11 of Article II. Also, in case it violates the constitution by providing payment to the members of the Thirty-sixth General Assembly, will it be operative as to members of the Thirty-seventh?

We concluded that these interrogatories fall within the said provision of Section 3, Article VI and hence assumed jurisdiction.

The cause was set for oral argument at 3:00 p. m. May 5, 1947 and notice thereof given to all persons interested, so far as they could be ascertained by the court, including all members of said Thirty-sixth General Assembly, who are members of the bar, and the Attorney General was requested to appear amicus curiae. The cause was argued as set and in addition to the Attorney General, his deputy, Mr. Duke W. Dunbar, and the following members of said Assembly, i. e., Hon. Arthur Laws of the Senate and Hon. Lyman P. Weld, and Hon. Milton J. Blake of the House of Representatives, each addressed the court.

Said Section 21 of Article V of the constitution provides: 'No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title, * * *.' Since the title of Senate Bill 26 refers only to 'Compensation' and the body of the bill refers only to 'Expenses' the first question confronting us is the apparent violation of said Section 21. If these expenses are not compensation the subject of the bill is not expressed in the title and the bill for that reason is unconstitutional. Because the same allowance is made for all members and no provision made for itemizing and auditing, the $10.00 per day would appear to be compensation. That question, however, is settled in this jurisdiction. The Twenty-first General Assembly, in its short appropriation bill, made an appropriation for 'Lieutenant Governor's incidental and office expenses, for official or semi-official purposes to be determined by him $166.66,' and in its long appropriation bill provided for the biennial period $1000 for the same purpose, 'less...