Post Printing & Publishing Co. v. Shafroth

53 Colo. 129
CourtSupreme Court of Colorado
DecidedApril 15, 1912
DocketNo. 7713
StatusPublished
Cited by6 cases

This text of 53 Colo. 129 (Post Printing & Publishing Co. v. Shafroth) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Post Printing & Publishing Co. v. Shafroth, 53 Colo. 129 (Colo. 1912).

Opinion

Mr. Justice Hill

delivered the opinion of the court:

The seventeenth general assembly submitted to a vote of the people an amendment to section 3 of article NI of the constitution, which, as expressed by its title, was,

“* * * To provide for the creation of a- bonded indebtedness on behalf of the state to an amount not exceeding-two million, one hundred and fifteen thousand dollars, for the purpose of funding- outstanding- warrants of the state, and to provide for the issue and payment of said bonds.” Session' Laws, 1909, p. 315.

The state board of canvassers canvassed and certified the result of such election, which disclosed that the amendment had been adopted. Thereafter, this suit was instituted by the plaintiffs in error, one being- a Colorado corporation, the other two, resident electors of the state, freehold taxpayers and owners of an outstanding unpaid warrant issued during one of the years named in the constitutional amendment, and being- one of the warrants which evidently was intended, at the option of the holder, to be taken care of in the- manner provided by this amendment. The suit is brought not alone upon behalf of the plaintiffs in error, but in the interest of all corporations and individuals similarly situated.

The complaint shows, that the executive officers of the state, some of the defendants below, constituted the state board of canvassers, and as such canvassed the vote cast for and against this constitutional amendment as required therein; that the canvass showed it had been adopted; that certain of the other defendants, as executive officers of the state, had, prior to the institution of the suit, organized as commanded by the act, into a debt-funding board, and were about to enter upon such duties, as provided by the amendment.

The complaint sets forth sundry general allegations pertaining to frauds and irregularities in the election sufficient to change the result, with the further statement that the plaintiffs have much detail information regarding frauds and [131]*131irregularities in the canvass of the votes in different precincts in. the different counties, and the canvass of the votes as-returned. from the different precincts by the county board of canvassers in the different counties, etc., which the plaintiffs ask leave to set forth at length in a supplemental complaint or bill of particulars, should it not be determined that the act was void. Thereafter, by supplemental complaint the plain-; tiffs were allowed to set forth their allegations of fraud,, etc., pertaining to said election; some of which, upon motion, were stricken and some were answered by denials, etc.

The theoiy upon which the complaint is drafted, evidently, is to have tested in one suit three or four different methods of attack upon the validity of the constitutional amendment, and certain provisions therein; also, a contest of • the election itself, in that it prays: -

First, for a restraining order to prevent the debt-funding board from considering and determining the amount which should fairly or equitably be paid upon any of the warrants mentioned in the act, and from making and filing with the auditor of state any statement pertaining thereto, and to prevent the officers authorized from issuing any bonds in accordance with the mandates of the act.
Second, that the act be decreed to be unconstitutional, null and void.
Third, that if for any reason or reasons the pretended amendment should not be declared unconstitutional, that the court should issue a writ of mandamus directed to1 the board of state canvassers directing them to reconvene, and recanvass the vote on said constitutional amendment, authorizing them, in proper cases, to hear’evidence touching the alleged frauds and irregularities in the vote thereon, and the frauds, mistakes and' errors alleged in the canvass of the vote in different precincts, etc., or, in lieu thereof; that the court take jurisdiction of the matter and permit the plaintiffs to contest said election in this suit.

[132]*132At the trial (although permitted so to do under the issues as made) the plaintiffs elected not to' offer any evidence as to the alleged frauds or irregularities pertaining to the election, but stated that they would rely upon the law questions raised by the pleadings and admitted facts, which, under the issues as .then made (whether proper or not), called for a determination of the .validity of the constitutional amendment itself..

Judgment was for the defendants declaring the amendment valid, dissolving the temporary injunction, and dismissing the bill. The plaintiffs bring the case here for review upon error.

The learned attorney general and the many able gentlemen of counsel associated with him in this matter have filed a very exhaustive brief in which they earnestly urge and point out many alleged reasons why this action cannot be maintained. Their reasons can be summarized as follows:

First, that the court is without jurisdiction of either the subject-matter or the persons of the respondents who are the executive officers of the state, (a) Because the question involved is political and governmental, (b) Because no means of contesting the election have been provided by law, and the decision of the state canvassing board is final and conclusive. (c) Because the state canvassing board is functus officio. (d) Because the state canvassing board is not subject to the jurisdiction or control of any court.
Second, that by their demurrer it is shown, there is a misjoinder of parties plaintiffs.
Third, A misjoinder of parties defendant.
Fourth, that several pretended causes of action have been improperly united, to-wit, that a pretended cause of action in equity against the governor and other executive officers as a debt-funding board is improperly united with a pretended cause of action in the nature of an application for mandamus to the alleged board of state canvassers; that said several causes of action do not affect or concern the same parties or [133]*133defendants, nor do they severally affect all the defendants,, nor do-they affect or- concern the defendants in the same characters or capacities.
Fifth, that the several pretended causes of action are inconsistent one with the other, and are not such as may lawfully or properly be joined or prosecuted in one action or proceeding.
Sixth, that the complaint does not state facts sufficient to constitute any cause or right of action, or to authorize an injunction, or to require the defendant officers to answer, or to authorize any equitable or other relief against them in any capacity or relation whatever; that most of these grounds go to the question of jurisdiction, and were not waived by answer; but in any event if otherwise they ought to- be considered by this court in view.of the fact that the defendants are sued as the executive officers of the state, and the question involved is the constitutionality of a constitutional amendment.

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53 Colo. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-printing-publishing-co-v-shafroth-colo-1912.