Front matter
THE
Legislative Manual,
-OF THE-
Preface
The first edition of the Colorado Legislative Manual is herewith presented. While designed for the use of the General Assembly, it cannot fail to interest all classes — the lawyer, the merchant, the aspirant after political honors, and even the young who are ripening into manhood and soon to share its grave responsibilities. It contains information which cannot be elsewhere acquired without a great expenditure of time and patience, in the examination of records, the reconciliation of numerous discrepancies, the supplement of omissions and the correction of errors. The pre-Stale history is necessarily brief. Sketches of prominent characters, and comments on events and the acts of indisiduals are not introduced, for the reason that the period of the narrative should be removed some distance from the present age to secure the historian from undue prejudice and partiality. The settlement of Colorado, now a flourishing State, began scarcely twenty years ago. A sense of propriety, therefore, demands that only a plain, accurate and truthful statement be made of what occurred in connection with that settlement. In the preparation of the Legislative Annals, much labor and care have been expended. The Annals are as complete and correct as it was possible to make them, considering the removals of members from the Territory, the inaccuracy of the records and the imperfection of the journals. To the novice in legislation, the Manual of Customs, Precedents and Forms will prove of great value. 1 have sought, and indeed have spared no pains nor expense, to make this an improvement upon all other Legislative Manuals yet published.
This Manual will be published biennially with such changes as circumstances may require, and such improvements as experience may suggest. That I am anxious to receive the commendation of an appreciative public, I do not deny, and hope that their fullest sympathy with my effort in this direction will be freely accorded. It is a satisfaction to know, and should beget a praiseworthy pride, that Colorado is not
PREFACE.
behind any of the oldest, most populous and wealthy States in the character, style and completeness of this publication.
It gives me great pleasure to confess, that from the inception to .the completion of this work, I have received much kind and cordial assistance. My warmest thanks and acknowledgments are extended to Robert Berry and William W, Webster, experienced legislators, for their good offices and valuable help. The courtesies of Judge Amos Steck, whose memory of facts, dates and persons deserves special mention, and the kindness of O. J. Goldrick, editor and proprietor of the Rocky Mountain Herald, are here gratefully acknowledged.
Trusting that this work will meet the expectations of the General Assembly, and State at large, I respectfully submit it to their judgment.
T. B. C.
Table Of Contents
History ok Colorado — page.
History from early settlement to present time 33
Organic Act of Territory 44
chapter I
Cession of Louisiana Province and Territorial purchase from Mexico — expedition of Coronado— United States expedition to examine Louisiana Province— brief history of Kansas to i86i — first discovery of Gold — trains of prospectors — first settlements in Colorado — early attempts to organize a Territory and State — first representative to Kansas Legislature — visit of Horace Greeley — Provisional Territorial government organized — people's courts and miners' courts — condition of affairs in 1S60 -pony express and other events of i860 — Territory of Colorado organized. — Pages 33-43.
CHAPTER II. — organic ACT.
Boundaries — Governor, .Secretary, their duties and term of office — Legislature — suffrage — judicial power — election of delegate — Surveyor-General to be appointed.
AMENDMENTS TO ORGANIC ACT.
To provide a temporary government — to regulate the elective franchise — in regard to appropriations — compensation of members and officers of legislature. — Pages 44-56.
Chapter III
Provisional government ends — federal officers arrive — Territorial government established — events of 1862 — events of 1863— events of
TAIil.F, OI' CONTENTS.
vii.
1864 — Indians inmislicd by Col. Chivington — renewal of Indian Imstilities in 1S65 — allonipt to organize a State — events of i<S66 — events of 1867 — railroads and colonies — temporary division of Reimblican party in Colorado — enabling act passed. — Pages 57-62.
Power to organize a State government — honndaries— suffrage — Constitutional Convention — Constitution to be submitted to the people and President to admit the .State by proclamation — lands and Salt Springs appropriated — that tive per centum of the proceeds of the sales of lands by the United States be paid to the State. Amendment to the Enabling Act — Constitutional Convention. — Pages 63-67.
CHAPTER v.— CON.STITUTION
Preamble — bill of rights — distribution of powers — Executive Department— Lieutenant-Governor — legislative department— judicial department— sufTrage and elections — State institutions — education — revenue — officers — impeachments — counties — corporations — mining and irrigation — militia — miscellaneous — future amendmems — schedule — ordinances. Constitution submitted to the people — vote — the new State admitted. Proclamation of the President — party conventions — election for State officers — Cieueral Assembly meet — Governor's message— general remarks. — Pages 67-123.
— OF THE
CONSTITUTION OF COLORADO.
A
ART. SEC.
AccrsED, right of ,2 i6
AcTIONS,tobecontinuedasif no change in government. Sched i
Adjournment, of Legislature 5 15
Aliens, to possess and enjoy property same as citizens 2 27
Amendments to Constitution, how made 19 2
ArPORTIONMENT of Senators and members of House 5 45
Appropriations for charitable and other purposes not to be
made S 34
not to be made unless assessment be made to meet. . . 10 16
Arms, right to keep and bear 2 13
Assembly General, number of members of 5 46
power to interfere with municipal functions, not to delegate 5 35
members of, when and how chosen 5 2
Assembly Districts, may be altered 5 47
State divided into, of Senators what 5 48
State divided into, of Representatives what 5 49
Attainder, no bill of, to be passed 2 9
of treason, not to work corruption of blood 2 9
Attorneys, suitors may prosecute and defend by, or in
person 2 16
Attorneys District, when and how chosen, and term of office 6 21
Attorney General, when and how chosen, term of office. . . 4 31
to be one of State Board of Land Commissioners. ... 9 9
to be one of Board of Educution 9 I
.Auditor, not eligible for re-election 4 21
Ayes and Noes, when to be entered on journal 5 13
on final passage of bill to be taken and entered on journal 5 22
for concurrence in an amendment, to be taken and entered on journal 5 23
COLORADO LEGISLATIVE MANUAL.
B.
Bail, excessive sliall not l)e required 2 20
all persons bailable, etc 2 ig
Bills in Legislature, shall be ]irinlerl 5 20
not to embrace more than one suliject 5 21
shall be read on three different days 15 22
action of (lovernor on .... 4 11
introduced after a certain time, not to become laws. . 19
to be referred to committee and returned 5 20
(giving extra conipensatiim not to be ])assed 5 2.S
if vetoed, how proceed 4 11
when become laws without (lovernor's signature 4 11
appropriating money, item or items of, (iovernor may
disapprove 4 12
Bonds, executed under Territorial government to Territory,
any county, etc., to remain valid Sched. 2
Boundaries, of State i —
Bribery, persons convicted of, incapable of holding office. .12 4 guilty of, civil officers or members of General Assembly, who 12 6
c.
Census of State, General .Assembly to provide for 5 45
General Assembly to revise apportionment every five
years 5 45
Chief Justice, one of judges of Supreme Court to be 6 8
Cities, Legislature to provide for organization of 14 13
Citizens and Aliens equal as to possession and enjoyment of
property 2 27
Clerks of District Courts, to be appointed in each county. 6 19
Clerk of Supreme Court, to be appointed by court 6 9
COMMANDER-in-Chief, Governor to be 4 5
Commissioners Land, State Board of, who to constitute. . . 9 9
duty in regard to State lands 9 lo
Compensation of members of Legislature 5 6
extra dis-allowed 5 6
of public officers not to be increased or diminished. ... 5 30
Congressional Districts 5 44
Conscience, rights of 2 4
Constitution of Colorado —
oath to support, by whom to be taken 12 7, 8, 9
how to be amended 19 2
\\ hen to be submitte<l for ratification or rejection . .Ords. 2
who entitled to vote for or against Ords. 2
copy of, to be forwarded to President Ords. 6
Con TR.'VC'l'S, State not to jiass laws impairing obligations of. 2 11 no member of Legislature or State officer to be interested in certain 5 29
ANAI.YTICAI, INDKX.
Conviction not to work corru]itioii of blooi! 2 9
Coroners, when and how chosen, term of office , . 14 S
Corporations, not to be created by special law exce]n in
certain cases 15 2
charters may be altered, etc 15 ,^
Coi!NTlES, removal of county seats, how effected, by whom. 14 2
new, their liability 14 4
not divided, except by consent of qualified voters 14 3
CoiiN TY Hoard of Equalization, consists of, duties of 10 15
County Courts, judicial powers vested in 6 23
County Jud<;es (probate), how elected and term of office. . . 6 22
County Officers, how and when to be elected 14 6, <S
who eligible to be 14 10
in vacancies of, who to appoint 14 9
compensation of 14 15
Crimes, no person to answer for, except by indictment, except in certain cases 2 8
committed under Territory may be prosecuted under
State Sched. 2
Criminal Courts, maybe created 6 24
Courts of Arbitration, law to provide for 18 3
D.
Debts, no imprisonment for 2 12
public, when, how and for what purpose contracted. ..11 3, 5
Decl.\r.\tion of riijhts 2 —
Deeds, recorders of, how chosen and term of office 14 8
Defaulters, ineligible to office 12 4
Deposition, no person to be imprisoned longer than 2 17
Distribution, of income of school fund 9 3
District Attorneys, how cho.sen and term of office 6 15
District Courts, jurisdiction thereof 6 11
District Judges, how chosen 6 15
term of office 6 12
Districts, Assembly may be altered 5 47
Senate and House apportionment of 5 48 49
Districts, Congressional, apportionment of 5 44
School to be established g 15
Districts, Judicial, may be increased after 1880 6 14
Divorces, Legislature not to grant 5 25
Duelling, persons engaged in not to hold office 12 12
E.
Education, how provided for 9 —
Elections, Governor may issue writs of q 2
no power, civil or military to prevent 2 5
COLORADO LEGISLATIVE MANUAL.
El.EC rioNS for General Assembly, vvlien and how held 5 2
for Executive officers, when held, liow decided 4 3
for Judicial officers, when 6 15
shall 1)6 by ballot , 7 8
persi)ns confined in prison cannot vote 7 10
abuses of the elective franchise to be guarded aj;ainst. 7 11
in contested, no person to withhold testimony
because it may ci iminate himself 7 g
voters privileged from arrest during attendance at. ... 7 5
general, when to be held 7 7
Electors, Presidential, the General Assembly to provide for
elections of, by the people Sched, 20
Electors, qualifications of. 7 i
General Assembly may enact laws to qualify women as 7 2 General Assembly, may prescribe educational qualifications for 7 3
Embezzlement, persons convicted of incapable of holding
office 12 4
Eminent Domain, not to be abridged 15 8
Enacting Clause, provisions concerning 5 18
Enumeration of inliabitants provided for 5 45
EQt;ALlZATION, State Board of, consists of, duty of lo 15
County Board of, consists of, duty of 10 15
EscHE.\TS, to state from defect of heirs, to be part of school
fund 9 5
Excessive bail, not to be required 2 20
Executive, power vested in Governor 4 2
Ex POST FACTO law, not to be passed 2 11
F.
Fees, collected by State officers to be paid into State Treasury 4 19
collected by county and precinct officers above salary
to be paid into treasury 14 15
Felony, wdiat construed to be 18 4
what use of school moneys deemed to be 10 13
conviction of, not to work forfeiture of estate 2 9
F^INES, excessive and unusual punishment not to be imposed.. 2 20
Freedom of speech guaranteed to all persons 2 lO'
Fiscal Year, when begins 10 i
Forests, destruction of, to prevjnt 18 6
Fund, school, of the State to be inviolate 9 3
who custodian of 9 3
to whom to be distributed 9 3
all losses to be supplied by State 9 3
shall consist of what 9 5
Funds, school, county treasurer to collect and distribute. . . 9 4
university, under control of regents 9 14
ANALYTICAL INDEX.
G.
GiCNK.iiAi. ICi.iccTiONS, when to he held 7 7
GovEijNoi;, term of office 4 I
when and how elected 4 3
who eligible to office of 4 4
to be commander in chief, his powers 4 5
appointments to be made by, what and when 4 6
may grant reprieves, etc 4 7
when powers and duties levolve on Lieut. -Governor. . 4 13
his powers in approving bills 4 11
may remove certain officers 4 6
firsL elected, how long to hold office 4 1
Great Seal, what called, by whom kept 4 18
H.
Habe.\,s Corpus, privilege not to be suspended 2 21
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You’ve reached the end of The Legislative Manual of the State of Colorado, Comprising the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Practice, and the Constitutions of the United States and the State of Colorado, also, Chronological Table of American History, Lists and Tables for Reference, Biographies, Etc..