dissenting:
I respectfully dissent.
In my view the interrogatory should be answered, “No.”
Article V, Section 47 of the Constitution of the State of Colorado provides:
“Each district shall be as compact in area as possible and shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap. Except when declared by the general assembly to be necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts. When county boundaries are changed, adjustments, if any, in legislative districts, shall be as prescribed by law.” (Emphasis added.)
The separate enclaves of Glendale and Holly Hills are part of Arapahoe County. Both are entirely surrounded by the territory of the City and County of Denver. Senate Bill No. 18 places them in Senate District No. 21 which embraces mostly Arapahoe County territory.
It is my belief that the third sentence of Section 47 which commences with the word “Except” is controlling over the first sentence of Section 47.
I am authorized to say that MR. JUSTICE GROVES joins in this dissent.