Page:The Green Bag (1889–1914), Volume 25.pdf/407

 382

The Green Bag

out the state. Suppose some town of city can make the law for all the other over two thousand shall wish to start a cities of the state. The petition invoking the review of modern Monte Carlo, and adopt a charter containing provisions for the the Supreme Court's decision on any unrestricted sale of intoxicants and charter question for any municipality "shall be filed with the legislative body licensed gambling. Where lies the re lief? Let us go further, and in the same of the municipality desiring the review, municipality adopt a charter repudiating and the sufficiency of the petition, or all responsibility and liability for city, any protest filed, shall be passed upon county, school, and all forms of taxa by the officer with whom the petition is tion save municipal taxes. True, we thus filed." This amendment provides that "Legis have a constitutional provision provid ing for the uniformity of taxation, lation may be enacted to facilitate the but the nisi prius courts cannot hold operation of this Article, but in no way the charter provision in question limiting or restricting the provisions unconstitutional, and if the Supreme thereof, or the powers herein reserved." Court does we will appeal it to We feel that this bar association could the municipality in question and not perform a greater service than to reverse the Supreme Court. Where is provide a proper committee to recom mend legislation to clarify this confus the relief? One consolation, however, follows, ing provision of our constitution; and viz.: if the people are as litigious as probably a better thing would be to the law-makers apparently wish to give appoint a committee of this association them an opportunity to be, the starva to aid the court in determining just what part of this amendment shall fall tion period for the lawyer is at an end. Our criticism as to the conflict of deci by reason of its self-destruction through sions, however, may not be sound, for confusion and ambiguity. the amendment upon that subject reads We may at times feel that reverence as follows: "All such charters, or amend for things which are past is fast fad ments thereto, so submitted as herein ing, that the moorings anchored with provided, when approved by a majority so much care and solicitude seem now of the votes cast thereon in said city, or the victims of virulent attack; but it city and county, shall be and become must not be forgotten that stability the law of this state, and of said city, and justice were strong fabrics, wrought or city and county, notwithstanding the by skillful hands into the frame-work decision of the Supreme Court, etc." of our government, and that upon the Now it may be that the first city which stability, lucidity, simplicity, reason votes upon the proposition will make ableness and efficacy of our laws depend its decision not only the law of that the growth of our civilization, the city, but the rule of construction for strength and perpetuity of our govern the state. If it does, how long will it ment. If the lawyers, by their advocacy continue so to be? Forever? Or until and admonition, do not protect and safe some other city votes to the contrary on guard these essential elements of the the same proposition? Certainly it is law, they fail in the purpose of their not intended by the legislature that one education. Trinidad, Colo.