ar ago under the provisions of the State
constitution? By reference to the second section of the schedule and to
the eighteenth section of the fourth article of the State constitution
it will be seen that the term of the members of the house of
representatives and that of one-half of the members of the senate
expired on the first Monday of the present month. It is clear that if
there were no intrinsic objections to the bill itself in relation to
purposes to be accomplished this objection would be fatal, as, it is
apparent that the provisions of the third section of the bill to admit
Colorado have reference to a period and a state of facts entirely
different from the present and affairs as they now exist, and if carried
into effect must necessarily lead to confusion.
Even if it were settled that the old and not a new body were to act, it
would be found impracticable to execute the law, because a considerable
number of the members, as I am informed, have ceased to be residents of
the Territory, and in the sixty days within which the legislature is to
be convened after the passage of the act there would not be sufficient
time to fill the vacancies by new elections, were there any authority
under which they could be held.
It may not be improper to add that if these proceedings were all regular
and the result to be obtained were desirable, simple justice to the
people of the Territory would require a longer period than sixty days
within which to obtain action on the conditions proposed by the third
section of the bill. There are, as is well known, large portions of the
Territory with which there is and can be no general communication, there
being several counties which from November to May can only be reached by
persons traveling on foot, while with other regions of the Territory,
occupied by a large portion of the population, there is very little more
freedom of access. Thus, if this bill should become a law, it would be
impracticable to obtain any expression of public sentiment in reference
to its provisions, with a view to enlighten the legislature, if the old
body were called together, and, of course, equally impracticable to
procure the election of a new body. This defect might have been remedied
by an extension of the time and a submission of the question to the
people, with a fair opportunity to enable them to express their
sentiments.
The admission of a new State has generally been regarded as an epoch in
our h
|