In re Senate Resolution Relating to Constitutionality of Proposed Re-apportionment Bill

In re Senate Resolution Relating to Constitutionality of Proposed Re-apportionment Bill. The matter was submitted by a preamble and resolution from tbe senate, as follows: “Whereas, section 45, article 5, of the constitution of the state of Colorado provides as follows: ‘Sec. 45. The general assembly shall provide by law for an enumeration of the inhabitants of the state in the year of our Lord 1885, and every tenth year thereafter; and at the session next following such enumeration, and at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for senators and representatives on the basis of such enumeration, according to ratios to be fixed by law;’ and whereas, the last enumeration of the inhabitants of the state of Colorado was made .in the year 1885; and whereas, at the session of the general assembly of the state next following such enumeration, to wit, at the session of the sixth general assembly convened and held in the year 1887, a bill was introduced revising and adjusting the apportionment for senators and representatives on the basis of such enumeration, according to the ratios therein fixed; and whereas, said bill passed both houses of the said general assembly, but failed to receive the approval of the governor, and by reason thereof did not become a law; and whereas, at this session of the general assembly, being the second session following such last enumeration of the inhabitants of the state, a bill has been introduced into the senate fixing the ratios of representation, and revising and adjusting the apportionment of senators and representatives on the basis of such enumeration of the inhabitants of the state made in the year 1885; and whereas, grave doubts exist as to the constitutionality of such a law, if enacted at this session of the general assembly: therefore, be it resolved by the senate of the seventh general assembly of the state of Colorado that the supreme court be requested to give its opinion as to whether or not the general assembly can at this session, in accordance with the provisions of the constitution, pass a bill revising and adjusting the apportionment of senators and representatives on the basis of the enumeration of the inhabitants of the state made in the year 1885.” [MAJORITY — Per Ouriam.] Per Ouriam. This is, in substance, the same question recently presented by the house of representatives, and, as in that case, we answer in the affirmative.