Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 35 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...itself, it seems to us, that either expressly or implied ly authorizes the institution of an unrepublican municipality.' ' ' And respondent further avers that it had been long before determined by the supreme court of the United States, in the case of Missouri v. Lewis (101 U. S. 31), Mr. Justice Bradley delivering the opinion, that it was within the power of the people of a state in framing or amending their constitution, to have two different systems of judicature for the two portions--trial by jury in one, for example, and not in another--clearly showing that it was not at all necessary that the same class of state or county officers should be provided for in all portions of a state, and that dates of election differing in different portions of the state for county officials, -and different terms of office in different parts of the state for the same class of officials, were not inimical, in any sense, to a republican form of government. And respondent avers that the case referred to was placed before the said supreme court of the state of Colorado in the briefs filed by the attorneys for the Democratic officials, and that the following extract from said opinion by Mr. Justice Bradley was quoted in their printed arguments: "Diversities which are allowable in different states are allowable in different parts of the same state. Where part of a state is thickly settled, and another part has but a few inhabitants, it may be desired to have different systems of judicature for the two portions--trial by jury in one, for example, and not in the other. Large cities may require a multiplication of courts, and a peculiar arrangement of jurisdictions. It would be an unfortunate restriction of the powers of the state...