“It is universally held that the legislative department is powerless to confer judicial duties upon the officials of other departments.”
How later courts described this case
- “It is universally held that the legislative department is powerless to confer judicial duties upon the officials of other departments.”
- statute making county judge’s decision subject to approval by county commissioners is invalid
Written by the judges who cited it.
The opinion
Mr. Justice Hilliard,
dissenting.
I am not in accord with the court’s negation of the old age pension act. First, I do not think the constitutionality of the law is challenged by a party qualified to raise the question. See Braxton. County Court v. State of West Virginia, ex rel., 208 U. S. 192 , 52 L. Ed. 450 , 28 S. Ct. 275 . Administrative officials, as I conceive, would do well always to proceed as directed by legislation, and leave to those upon whom the burden of the law would fall, taxpayers here, to determine their course. It might well be that none would offer challenge. Hon. George A. Luxford, county judge of the City and County of Denver, proceeded as the legislature commanded, and the county *110 commissioners of the same county, plaintiffs in error, could well have emulated him. Second, while there is not time, nor would it be profitable, to elaborate my views, my conviction is that what was attempted by the legislature in the premises, in general and detail, is well within the constitutional power of the law mating body. Administrative difficulties, even if real, and I regard those urged as fanciful, could be the subject of further legislation. I respectfully dissent from the judgment of the court.