In re Substitute for Senate Bill No. 83

• Decision Date: 28 March 1895
• Parties: In re SUBSTITUTE FOR SENATE BILL NO. 83.
• Court: Colorado Supreme Court

39 P. 1088

21 Colo. 69

In re SUBSTITUTE FOR SENATE BILL NO. 83.

Supreme Court of Colorado

March 28, 1895

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 482 P.2d 968

Opinion of the supreme court relative to the constitutionality of senate bill No. 83, appropriating money to pay damages claimed to have been done to a building belonging to the Benedictine Sisters of Colorado, at Canon City, during the construction of the 'State Canal No. 1.'

The opinion of the court as to the constitutionality of the foregoing bill is in response to the following preamble and resolution:

'Whereas there has been introduced into the senate of the Tenth general assembly substitute for senate bill No. 83, which bill has passed the senate, and is now before the house of representatives for consideration, entitled 'A bill for an act providing for the relief and appropriating money for the Benedictine Sisters of Colorado, for damages claimed to have been done to their building in the town of Canon City Fremont county, Colorado, sustained by the construction of the Hog Back Tunnel, or in the construction of State Canal Co. 1' (copy of said bill is hereto attached); and whereas, doubts exist as to the constitutionality of said bill, if enacted into a law: Therefore, be it resolved by the house of representatives that the honorable supreme court of the state of Colorado be, and is hereby respectfully requested to give its opinion as to the constitutionality of said bill, if enacted into a law, and particularly to answer the following questions relative thereto: (1) Can the state of Colorado, in its sovereign capacity, be held legally liable for any damages which may accrue to any person, corporation, or association by reason of or the result of any of the acts of any of the officers or agents of the said state? (2) If the state in its sovereign capacity can be held so legally liable, is it within the province of the legislature to determine the nature and amount of such damages, or should the question of such damages be first determined by some judicial tribunal in accordance with the provisions of section 15 of article 2 of the constitution of the state of Colorado? (3) Would such bill, if enacted into a law, be in violation of section 34, article 5, of the constitution of the state of Colorado, providing that no appropriation shall be made for charitable, industrial, or educational purposes, to any person, corporation, or community, not under the absolute control of the state, nor to any denominational or sectarian institution or association? (4) Would such bill, if enacted into a law, be in violation of subdivision 24 of section 25 of article 5 of the constitution of the state of Colorado? (5) Would such bill, if enacted into a law, be in violation of section

...