upon vouchers certified by the Governor. Nothing herein, however, shall be construed to in any manner release any officer named from the performance of his duties in the enforcement of the provisions of this act; but in the event the Governor does act as herein provided, no such officer shall interfere therewith. officials failure to ousted for enforce act. Procedure. Sec. 24. OUSTER.-If any justice of the peace, dis trict attorney or sheriff shall neglect or refuse to do his duty in the enforcement of the provisions of this act, any freeholder, or the Governor or his agent, or the attorney general of the state, may file a complaint in any district court of competent jurisdiction in this state, setting forth specific charges of such neglect and refusal against any of said officials. Said action shall be brought in the name of the People of the State of Colorado on the relation of the complainant. Proceedings shall then be had in said court as are provided by law for civil actions, to the end that the defendant shall have a full and complete hearing and trial of the charges made. If the defendant shall be convicted he shall be deemed ousted from his office, and a decree shall be entered accordingly. The vacancy in any such office, so created, shall be filled as provided by the how filled. Constitution or law for appointment in case of vacancy. Any person who shall wilfully and maliciously swear to any complaint falsely, or without reasonable or probable cause, shall be deemed guilty of perjury, and upon conviction be punished accordingly. Nothing in this section shall be construed to in any manner affect the right of the people to invoke the recall of any such officer, as provided by law. Vacancy, False comperjury. plaint, Jurisdiction Sec. 25. JURISDICTION OF COURTS.-Justices of the peace and county courts in their respective counties of courts. shall have jurisdiction over all violations of this act which are declared herein to be misdemeanors; and district courts in their respective districts shall have jurisdiction over all civil suits arising under this act and over all violations of this act. Sec. 26. OFFICER EXEMPT FROM LIABILITY. -No officer or other person shall be liable either civilly, or criminally for any act performed by him in good faith Officers exliability. empt from Cities may enact ordinances. Act in force, when. If portions of act are unconstitutional. What liquors deemed intoxicating. Safety clause. in enforcing or attempting to enforce or carry out any of the provisions of this act; and it shall be a good defense to any civil suit or criminal prosecution against any officer or other person that the acts complained of were com mitted by him while acting in good faith, either with or without process of law, in enforcing or attempting to onforce or carry out provisions of this act. Sec. 27. MUNICIPALITY MAY ENACT-Any municipality may enact ordinances in conformity with the provisions of this act. Sec. 28. ACT IN FORCE.-This act, and every seetion thereof, shall become operative and be in full force and effect from and after the first day of January, A. D. 1916. All acts and parts of acts in conflict with this act are hereby repealed, said repeals to become effective from and after January 1st, 1916. Sec. 29. UNCONSTITUTIONAL SECTIONS.-If any section, sub-section, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed the act and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. Sec. 30. CONSTRUCTION.-This act shall be con strued liberally to include within its provisions intoxicating liquors of every kind and character, which now are in use or which in the future may come into use as a beverage. no matter by what name they may be known or called, and no matter how small the percentage of alcohol they may contain, and no matter what other ingredients may be in them. Sec. 31. FOR IMMEDIATE PRESERVATIONThe General Assembly hereby finds, determines and declares that this act and each and every sentence, phrase. clause, section and sub-section thereof is necessary for the immediate preservation of the public peace, health and safety. Approved: March 3, 1915. CHAPTER 99. INTOXICATING LIQUORS LICENSE FEE. (S. B. No. 429, by Senator Peterson and Mr. Wallace.) AN ACT IN RELATION TO RETAIL LIQUOR LICENSES. Be It Enacted by the General Assembly of the State of Colorado: to of Section 1. That from and after the passage of this act the State Treasurer shall issue no liquor licenses retail liquor dealers extending beyond the 31st day December, 1915, and for all such licenses issued a fee shall be paid to the State Treasurer for the period covered by such licenses at the pro rata rate of $25.00 per annum. Sec. 2. The State Treasurer shall refund to the holders of retail liquor licenses, which cover a period extending beyond December 31, 1915, the pro rata sum covering said period beyond December 31, 1915, at the rate of $25.00 per annum; and all cities, counties, towns and licensing authorities which have issued licenses for a period beyond December 31st, 1915, shall refund to each and every person, firm or corporation all unearned portions of any license fee which may have been paid by such person, firm or corporation covering a license for any period of time beyond December 31st, 1915. No liquor li cense issued to extend be yond Decem ber 31, 1915. Fee. Refund of portion of license fee. Sec. 3. The General Assembly hereby declares this safety clause. law is necessary for the immediate preservation of the public peace, health and safety. Approved: April 10, 1915. CHAPTER 100. IRRIGATION CONTROL OF HEADGATES AND WEIRS. Act amended. Supervision and control of headgates and weirs. User of water may read gauge. (S. B. No. 247, by Senator Weiland ) AN ACT TO AMEND SECTION 3252, CHAPTER 72 OF THE REVISED Be It Enacted by the General Assembly of the State of Colorado: Section 1. That section 3252, Chapter 72 of the Revised Statutes of the State of Colorado be amended to read as follows: All headgates, measuring weirs, flumes, and devices used in connection with canals, flumes and ditches or reservoirs for the measuring and delivering of waters therefrom and thereto, shall be under the supervision and control at all times of the State Engineer, the division engineer of the water division, and the water commissioner of the water district wherein such headgates, measuring weirs, flumes and devices are located. Provided, however: That nothing in the act shall be construed as prohibiting any water user in the State of Colorado or his appointed agent from reading any gauge, gauge rod or measuring device or from determining the quantity of water diverted by any canal or impounded in or delivered from any reservoir, and it is here declared the intent and purpose of this act to give any water user of Colorado or his appointed agent the right of ascertaining the quantity of water being diverted by any canal, or impounded in or delivered from any reser voir without his being required to assign any reason for making such observations. Non-compliance with the provisions of this act shall, Non-compliduring such non-compliance, forfeit the right to divert ance with water into any canal, or to impound water in or deliver water from any reservoir. Approved: Apr 12, 1915. act. |