In re Opinion of the Justices

Decision Date29 January 1934
Docket Number13463.
Citation94 Colo. 215,29 P.2d 705
PartiesIn re OPINION OF THE JUSTICES. In re INTERROGATORIES OF SENATE CONCERNING CONSTITUTIONALITY OF HOUSE BILL NO. 45.
CourtColorado Supreme Court

Answers to questions propounded to the Justices of the Supreme Court by resolution of the Senate concerning the constitutionality of House Bill No. 45.

PER CURIAM.

The honorable Senate of the Twenty-Ninth General Assembly regularly convened in its second Extraordinary Session has under date of January 19, 1934, by Senate Resolution No. 5, submitted to this court certain interrogatories concerning the constitutionality of a portion of House Bill No. 45. Said interrogatories are propounded under authority of section 3 of article 6 of the Constitution which requires this court to give its opinion 'upon important questions upon solemn occasions when required by * * * the senate. * * *'

To those interrogatories, because of the apparent necessity for prompt action (the Legislature having finally adjourned on the evening of January 22, 1934), we answered orally on the forenoon of that day that in the opinion of the court said House Bill was not within the Governor's call, and that a written opinion in conformity to the mandate of said section 3 would be filed later.

Since in the absence of the second portion of said section 3, this court, under the provisions of section 2 of article 6 of the Constitution, would be powerless to answer such interrogatories, its answer must of necessity be limited to those questions specifically enumerated in said section 3. What are such the court itself must determine. In re penitentiary Commissioners, 19 Colo. 409, 35 P. 915.

It follows that Before answering any such interrogatories the court must determine that the questions are important and the occasion solemn. This can only be done in the instant case by an examination of the entire bill and a consideration of the circumstances under which it comes Before the legislative department.

Extraordinary Sessions of the General Assembly can only be convened by proclamation of the Governor, and the business transacted therein is limited to that named in the proclamation. Section 9, art. 4, Colorado Constitution.

We take judicial knowledge of the proclamation of the Chief Executive for the convening of the present Extraordinary Session and have been furnished with copies of said House Bill No. 45, as amended by the House of Representatives, and now pending Before the Senate, and the Legislative Journals relating thereto. It...

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3 cases
  • Geo. B. Wallace, Inc. v. Pfost
    • United States
    • Idaho Supreme Court
    • 18 January 1937
    ... ... (Article 4, sec. 9, Const.; Richmond v. Lay, 261 Ky ... 138, 87 S.W.2d 134; In re Opinion of the Justices, ... 94 Colo. 215, 29 P.2d 705; State v. Pugh, 31 Ariz. 317, 252 ... P. 1018.) ... The act ... is void because the ... ...
  • Interrogatory Propounded by Governor Roy Romer on House Bill 91S-1005, In re
    • United States
    • Colorado Supreme Court
    • 11 July 1991
    ... ...         William N. Baird, Fruita, interested party ... Page 878 ...         Justice ERICKSON delivered the Opinion of the Court ...         The Governor of the State of Colorado has submitted an interrogatory to this court pursuant to Colorado ... Page 881 ... In re Opinion of the Justices, 94 Colo. 215, 216, 29 P.2d 705, 705 (1934) ...         On May 30, 1991, the governor issued a "Proclamation Call for the First ... ...
  • Empire Sav., Bldg. and Loan Ass'n v. Otero Sav. and Loan Ass'n
    • United States
    • Colorado Supreme Court
    • 16 February 1982
    ...because it is beyond the scope of a narrow call item. People v. Larkin, 183 Colo. 363, 517 P.2d 389 (1973); In re Interrogatories of Senate, 94 Colo. 215, 29 P.2d 705 (1934). The majority's conclusion that Item 5 supports the legislation resolves the matter before us; I would not reach Item......

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