Harris v. Chambers

16 Colo. App. 250
CourtColorado Court of Appeals
DecidedJanuary 15, 1901
DocketNo. 2457
StatusPublished

This text of 16 Colo. App. 250 (Harris v. Chambers) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Chambers, 16 Colo. App. 250 (Colo. Ct. App. 1901).

Opinion

Wilson, J.

On February 16, 1901, the city of Colorado Springs, then a city of the second class, having acquired a sufficient population to entitle it under the law to become a city of the first class, the governor caused a proclamation to that effect to be issued and published as required by statute. Laws, 1897, p. 274. In the following month, a city convention of the Republican party was held, at which there was nominated one candidate for alderman for each ward, to be voted for at the coming municipal election to be held on April 2d. The city clerk refused to place upon the ticket the names of the candidates so nominated, and thereupon these candidates, together with the chairman and secretary of the Republican city central committee, instituted this proceeding in mandamus to compel him to place the names upon the ticket. A peremptory writ was awarded by the district court, and from this the respondent city clerk appealed to this court.

The contention on the part of the respondent is that the five aldermen, being one from each ward, who were elected at the April election of 1900 for the term of two years, and who are entitled under the law to hold over for their unexpired term and become aldermen of the city in its new class, constitute the entire membership of the city council of the city in its new class until the April election of 1903, and [252]*252that hence the city should not elect aldermen at the coming municipal election to be held on April 2, 1901. It is urged on behalf of the petitioners that while the five aldermen elected in 1900 hold over and are entitled to act as aldermen of the city in its new class until the expiration of the term for which they were elected, namely, till April, 1902, nevertheless, the city should elect five other aldermen for the term of two years from April, 1901, thus making the city council for the term of one year begining April, 1901, and ending April, 1902, to consist of ten aldermen, being two from each ward, instead of five aldermen, or one from each ward, as provided by statute generally with reference to cities of the first class.

The case turns purely upon the construction of our own particular statutes, and we are without precedent to guide or authority to aid us. We have been cited to some authorities from other jurisdictions, but we cannot see that they are in point, it being evident that the statutes under consideration differed somewhat from ours. Even if this were not the case, if the language of our statute is not of doubtful import and is such as to admit of easy construction, we would not feel inclined to place much reliance upon the decisions of courts in other states, because even if the statute directly involved were the same as ours, other statutes bearing incidentally upon the same question and tending to throw light upon the legislative intent, might be entirely different.

While a city of the second class, the municipal council of Colorado Springs, consisted of two aldermen from each ward, one to be elected annually at the regular municipal election, and all for the term of two years, so that there would always be in the council two members from each ward, whose terms of service would expire, however, in different years. At every municipal election, there would be one alderman from each ward who would hold over for a year. Laws, 1887, p. 439, sec. 1; Mills, Ann. Stats, sec. 4504. The membership of city councils in cities of the first class was the same until the year 1895, when it was enacted by the legislature that [253]*253such city councils should consist of one alderman for each ward, who should be elected on the first Tuesday of April of each odd-numbered year, and whose term of service should be two years. Laws, 1895, p. 218, sec. 2; 3 Mills’ Ann. Stats, sec. 4497. As the law originally stood, a city of the second class upon changing its grade to that of a city of the first class, organized by the election of all officers properly belonging to its new grade, and it was specifically provided that on their election and qualification, the term of service of all former officers should expire. Gen. Stats, sec. 3363. In 1891, this section was amended in several particulars, but chiefly and materially by adding thereto the following proviso : “ Provided, that the organization under the provisions of this act of any city of the second class as a city of the first class, shall not be held to wort the removal from office of any alderman of such city of the second class whose term of office will not have expired, but such alderman shall be one of the aldermen for his ward for such city in its new grade. Laws, .1891, p. 374, sec. 1. In 1897, this section was re-enacted with some slight amendments, but the proviso remained the same, so far as it affected the organization of a city of the second class as a city of the first class. Laws, 1897, p. 274, sec. 1.

It is the seeming conflict between this proviso and the act of 1895 requiring the election of only one alderman from each ward in cities of the first class, which gives rise to this controversy. We think the contention of the petitioners is founded upon and sustained by the better reason. If the claim of the respondent be admitted, then the people of the city would be deprived of the right at the first election after the city became one of the first class, to choose any fnembers of the city council, the municipal legislature, which would have the sole control and management of all municipal affairs. Of course, the state legislature might have so enacted if it desired, but unless such intention was clearly expressed, it will not be presumed, the manifest spirit and intent of all our laws relating to the creation of municipal bodies being to give [254]*254to the people the right of local self-government, including of course the most important right of selection of all municipal officials. Again, if the contention of the respondent be correct, the terms of office of the five hold-over aldermen expire in 1902, and the statute permitting the election of aldermen for cities of the first class only in the odd-numbered years, there would be a hiatus in the city government for one year, from April, 1902, to April, 1908, for which the legislature had made no provision whatever. Counsel contends that the five aldermen elected in April, 1900, would still further hold over until April, 1903, under that general provision of law permitting officers to hold over until their successors are elected and qualified. Without going into the question as to whether these aldermen are such officers as could hold over under that provision of law, we need only say that such legislative intent will not be presumed unless clearly expressed, or necessarily implied in order to carry on the municipal government, and such is not the case here. The language of the proviso to which we have referred is that each of the hold-over aldermen “shall be one of the aldermen for his ward for such city in its new grade.” This might not be conclusive in itself, if there were any reason to qualify or modify the apparent meaning of the language because of the purpose and object sought to be accomplished, as shown by the language used in other sections of the statute pertaining to the subject. We do not discover, however, any such reason. We think the most reasonable construction is that the language was intended to mean exactly what it says, according to the ordinary meaning of the words used.

At the same time when section 3363 was amended by the act of 1891, section 3375 of the same chapter was also amended. Laws, 1891, p. 375, sec. 3.

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Bluebook (online)
16 Colo. App. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-chambers-coloctapp-1901.