33 Colo. 307 | Colo. | 1905
The first proposition to consider is] whether or not we should answer the questions propounded. The constitution provides that:
“The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor, the senate, or the house of representatives.” — Sec. 3, Art. VI.
It will be observed that the only limitation imposed upon the authority of the executive and legislative departments as to when either may require the opinion of this court is “upon solemn occasions.” Under this provision many questions have been submitted for our consideration, some of which have been answéred, and others not. Necessarily, it was not intended that the legislative and executive departments of government could call upon this court for an opinion on every question which might arise
The contest relates to the office of governor. It is common knowledge that considerable time has been consumed by the general assembly in hearing this contest, .and that the welfare of the public demands that the controversy be speedily settled. It appears that members of the general assembly desire to be advised as to the power and authority of the joint convention to consider the Alexander report; and that until this question is in some way satisfactorily settled, much time, at least, will be consumed in discussing the various phases of the contest proceedings
The constitution' provides that contested elections for the office of governor shall be determined by the two houses on joint ballot, in such manner as may be prescribed by law. — Sec. 3, Art. TV. The provisions of the law which have been passed in pursuance of the constitutional provision are brief and clear. They prescribe the manner of initiating the contest, the various steps which shall be taken, and the rules to be observed in conducting the contest. They will be found in sections 1657 to 1660, 1 Mills’ Ann. Stats., both inclusive. Neither the constitution nor statutory provisions on the subject contemplate giving any power or authority to the general assembly to decide anything more than the issues between the contestor and the contestee, and render judgment accordingly. We must, therefore, answer the- first and second interrogatories in the negative.
This conclusion renders it unnecessary to answer, 'or enter upon a discussion of,'the legal questions involved in interrogatory 3, because the conditions cannot arise in the present contest proceedings which render that inquiry pertinent to their determination.
Although a majority only of the court is of the