11 Colo. 373 | Colo. | 1888
■ Prior to the act of March, 1887, referred to, the state was divided into seven judicial districts. The act of 1887 increased the number of districts to nine, and the eighth and ninth districts referred to were new districts, in which there was no district judge, and for which the governor was authorized, under the provisions of the act, to appoint a judge, as in case of a vacancy, who should hold his office until the next general election, and until his successor was elected and qualified. For each of these new districts a judge was elected at the last general election, and the claim they make presents the question whether the}- hold for a full term of six years or for a fractional or unexpired term ending at the time fixed by law for all the terms of district judges to expire. The question is not without difficulty, and must be determined by a consideration of a number of provisions contained in article 6 of the constitution, wherein the framers of thát instrument outlined a general judicial system for the state. As originally adopted, article 6 of the constitution provided, inter alia, (1) by section 12, that the term of office of district judges should be for six years; (2) by section 15, that the term of office of all judges of the district court elected in the several districts throughout the state should expire on the same day. The legis
It remains to consider what change, if any, has been introduced by the amendments to this article of the constitution, adopted November 2, 1886. We find that section 12, as amended, makes no change in the six-year period. Acts 1887, p. 483. Section 15 stands as originally adopted, and requires that the terms of all district judges throughout the state shall all expire upon the same day. Section 29 stands as amended and adopted in 1878, and must be construed now,'as before, wdth reference to all of the provisions of the article, to the end that all may be made harmonious and operative. A material change, however, was made in section 14 of the article. This section, as amended, lodges with the general assembly the power to increase or diminish the number of judges for any district, and the power to increase the number of judicial districts and the judges therefor. Under the section as it originally stood, the power could not be exercised “ of tener than once in six years.” As amended, the power is general, and may be exercised at any legislative-session. In pursuance of its provisions, the general assembly passed the act of March 24, 1887, dividing the state into nine districts. The result is that, under the act of 1887 referred to, there has been a judge elected for every new district established by the act for either a full term of six years or a fractional term of less
In the view we have taken, there is no foundation for the claim that the judges mentioned were elected for the full term of six years.