# City & County of Denver v. Lynch

> Supreme Court of Colorado · December 29, 1932 · 92 Colo. 102

URL: https://www.frixlaw.com/law-library/cases/9865373

## Case

- **Full name:** City and County of Denver Et Al. v. Lynch Et Al.
- **Court:** Supreme Court of Colorado
- **Decided:** December 29, 1932
- **Citations:** 92 Colo. 102; 18 P.2d 907
- **Precedential status:** Published
- **Opinion:** Dissent by Hilliard
- **Judges:** Burke, Hilliard
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9865373

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9865373. Public record. Not legal advice.