In said last-mentioned year the limit was removed.

Session Laws of 1891, page 289, Section 1.
Session Laws of 1891, page 112, Section 4.

From the year 1893 to the year 1898 the aggregate valuation of property in this state, as fixed by the several county assessors, has steadily decreased, while the mill levy for ordinary county revenue, including the support of the poor, has increased until in the year 1898, in some of the counties, the mill levy was as follows: 15, 16, 17, 18, 26 and 43 mills respectively.

It is apparent that there is some connection between the increased county levies and the decreased valuations. The decreased valuations are offset and the growing needs of the counties are provided for by an enormous increase in the mill levies for county purposes.

The total county levy for all purposes in some of the counties of this state, for the year 1898, was as follows: 27, 301, 35, 39, 40 1-10, 41 9-10, 43, 431, 47, 483 and 57 mills respectively.

The total levies for all purposes, including state, county, school and municipal, in some of the counties in this state, run from 40 to 90 mills on the dollar. Of this levy the state receives but four mills for all purposes, including the support of the state institutions. It is apparent that the burdens of taxation are not for state purposes, and that the taxpayer does not have cause to complain of his taxation for state purposes, but rather for county, school and municipal purposes, more especially county purposes.

All of the above figures have been obtained from the records in the office of the Auditor of State.

The financial condition of this state has been steadily growing worse for the past twelve or fifteen years. Well-informed persons have, for the past several years, foreseen financial disaster for the state, and have predicted the early coming of the crisis which it seems has been reached at the present time.

There is one remedy for the financial ills of the state, and only one, namely: the legislature must provide increased revenues for the state. The enlightened public sentiment of this state will not tolerate a proposition to close the doors of the educational and charitable institutions of the state, of which the people are now justly proud, and a spirit of humanity will prevent the inmates of institutions. where they are involuntarily confined, as for example, the Penitentiary, Reformatory and Insane Asylum, from suffering from the want of food, clothing, fuel, and the common necessaries of life. To close these institutions is simply out of the question.

In conclusion, I beg to call your attention to the following language of the Supreme Court of this State, in a case decided in July, 1898:

"In view of something said in oral argument, we may be permitted to add what may not be inappropriate, though not strictly germane to the specific interrogatories. We are not unmindful of the constantly increasing seriousness of the state's financial condition, and of the desire of the executive officers directly charged with the duty of conducting the various departments and institutions to secure revenue for their reasonable support. The mill rate which the legislature may authorize to be levied for all state purposes is fixed by the constitution. The valuation of the taxable property, as returned by the county assessors, is gradually decreasing, whereas every intelligent person knows that the actual value is increasing. The expenses of the state government, and of the various state institutions, are growing, and sinking funds for the payment of the interest and principal of our bonded debt must be provided for if we are to maintain our credit; but, under present conditions, this can not be done without encroaching upon other fixed mill levies, and still further crippling our state institutions. Unless the general assembly gives relief (which, unquestionably, either directly or indirectly, is within its power), there is nothing less than financial disaster ahead. To keep piling up debts without any provision for liquidation is unwise policy, and it is time to stop. These are not idle words of an alarmist. They are measured and deliberate expressions, warranted by the facts. It is not our province to legislate, but the startling disclosures which the governor's communication contains justify us in saying that one

effectual remedy (we do not say there may not be others) the general assembly may furnish. A law, containing suitable provisions for its enforcement, might be passed restricting the boards of county commissioners to a low mill levy in providing for the support of county, municipal, and district government for public schools. If the county assessors should still refuse to perform their plain duty, as the communication claims they do now, but persist in violating their oath by assessing property at less than its full cash value, the county commissioners would be obliged to increase their valuations of taxable property in order to meet local expenses, and thus the state would get the benefit of the increased valuation for state purposes. * * * The limitations of the constitution apply to the judicial as well as to the other departments of government, but apparently this is sometimes overlooked, when the nature of these appeals is considered. The remedy for the evils from which the state suffers lies with the legislature, which, in our judgment, it may give, and still observe all constitutional limitations."

In Re Assessment of Property by State Board of Equalization, 25 Colo. 296; 53 Pac. (Colo.), 1056, 1057, 1058.

IN RE

CORPORATE NAMES.

The Secretary of State is forbidden, by statute, to receive or file certificates of incorporations for two domestic corporations bearing the same name.

State of Colorado,
Attorney General's Office.

Denver, Colorado, July 14, 1899.

Dear Sir-I have the honor to acknowledge the receipt of your official communication of recent date, which is as follows:

"I desire for use in this office to have a written opinion upon the following question:

The Canon City and Cripple Creek Railway Company filed articles of incorporation in this office September 6th, A. D. 1892 at 3 o'clock, P. M.

A request is made upon me this day for the filing of an incorporation by the name of The Canon City and Cripple Creek Railroad Company.

Now, what I desire to know does the last name conflict with the former filing and can I, and shall I accept the name of The Canon City and Cripple Creek Railroad Company for filing in this office?"

The particular statute of this state which controls your official action in matters of this character, is as follows:

"When the certificates shall have been filed as aforesaid, the secretary of state shall record and carefully preserve the same in his office, and a copy thereof duly certified by the secretary of state under the great seal of the state of Colorado, shall be evidence of the existence of such a company, but no certificate

shall be filed or received for two corporations bearing the same name."

1 M. A. S., section 475.

Under the above statute, you are forbidden to receive or file certificates of incorporation "for two corporations bearing the same name." It certainly cannot happen that certificates of incorporation for two proposed corporations bearing the same name, will be tendered to you for filing at the same instant of time. If, at any time, a certificate of incorporation is tendered to you for filing, and upon an examination of the records in your office you find that the same name has been adopted by a previous filing, you must reject the tender and decline and refuse to file the certificate.

The State vs. McGrath, 92 Mo., 355, 356.

If the name is not the same as that of some corporation whose certificate of incorporation has been previously filed in your office, then the above statute allows you no discretion whatever, and you must receive and file the certificate.

The evident purpose of the above statute was to prevent confusion in the records of your office, and to guard against mistakes on the part of the public consequent upon the existence of two or more corporations in this state bearing the same name.

You will observe that the above statute deals only with domestic corporations and not with foreign corporations. The latter, before they are authorized or permitted to do any business in this state, are required to make certain filings in your office.

3 M. A. S., section 499.

1 M. A. S., sections 500 and 501.
Section 10, Article XV, Constitution.

It is immaterial, therefore, that two or more foreign corporations seeking to make filings in your office