E.g., Losavio, Jr. v. District Court, 182 Colo. 180, 512 P.2d 266 (1973); Wyatt v. People, 17 Colo. 252, 28 P. 961 (1892). The power to punish for criminal contempt is an inherent and indispensable power of the court and exists independently of legislative authorization.Austin v. City County of Denver, 156 Colo. 180, 397 P.2d 743 (1964); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932); People ex rel. Attorney General v. News-Times Publishing Co., 35 Colo. 253, 84 P. 912 (1906), writ of error dismissed sub nom. Patterson v. Colorado, 205 U.S. 454 (1907).
The language of this court in Re Calvo, 50 Nev. 125, 253 P. 671, approving the opinion in Sweet v. Ballentyne, 8 Ida. 431, 69 P. 995, is significant: "This exclusion of sheep owners under certain circumstances does not interfere with any rights of a citizen of the United States." And the case of Allev v. Bailey (Colo.), 14 P.2d 1087, seems to be determinative of the very point raised here. OPINION
2. LIVE STOCK — Sheep and Cattle — Public Range. This case controlled by the opinion in Allen v. Bailey, 91 Colo. 260. Error to the District Court of Moffat County, Hon. Charles E. Herrick, Judge.
Colorado statutes on other subjects govern the actions of individuals in this forest, and no reason appears why the United States as a landowner should not avail itself of Colorado statutory provisions which are available to other landowners under like circumstances. See Wilson v. Cook, 327 U.S. 474, 66 S.Ct. 663, 90 L.Ed. 793; Texas Oil Gas Corp. v. Phillips Petroleum Co., 406 F.2d 1303 (10th Cir.); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087. The Fifth Circuit in United States v. Williams, 441 F.2d 637 (5th Cir.), considered a boundary dispute which presents some different aspects, but it held that suits by the United States to protect its proprietary interest are local in nature. The same rationale is applicable here.
Only a few cases in the state courts have considered whether livestock growers may resort to an injunction to protect grazing privileges. Bradshaw v. Burstedt, 50 Idaho 54, 293 P. 330 (1930); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932); George v. Chickasaw Land Co., 209 Ala. 648, 96 So. 781 (1923). Bradshaw v. Burstedt involved an Idaho statute which forbade, under criminal penalties, the grazing of sheep upon a range which had customarily been used as a cattle range.
[1,2] There is a well-settled presumption that a statute is constitutional. Gates Rubber Co. v. South Suburban Metropolitan Recreation and Park District, 183 Colo. 222, 516 P.2d 436 (1973); Harding v. Industrial Commission, 183 Colo. 52, 515 P.2d 95 (1973); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932). The landlord, as assailant of the statute, bears the burden of proving it unconstitutional beyond a reasonable doubt.
[4] Accordingly, the following principles guide our review of constitutional attacks on legislation: Firstly, we presume that a statute is constitutional. Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932). Secondly, one who assails a statute bears the burden of showing it is unconstitutional.
Further a presumption in favor of constitutionality exists. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932). Absent a demonstration that legislation touches, concerns or infringes a fundamental right — which shifts the onus of proof to the State, Jarmel v. Putnam, 179 Colo. 215, 499 P.2d 603 (1972) — the scope of our review under the equal protection clause is limited to determining whether there is a rational basis for the exercise of legislative power, Wheeler v. Rudolph, 162 Colo. 410, 426 P.2d 762 (1967).
Practice and procedure pertains to the legal machinery by which substantive law is made effective. Herberle v. P.R.O. Liquidating Co., 186 So.2d 280 (Fla.App. 1st 1966); State v. Birmingham, 96 Ariz. 109, 392 P.2d 775 (1964); Woodward v. Southern Pac. Co., 35 Cal.App.2d 130, 94 P.2d 1028 (1939); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932); Ogdon v. Gianakos, 415 Ill. 591, 114 N.E.2d 686 (1953); Jones v. Erie Railroad Co., 106 Ohio St. 408, 140 N.E. 366 (1922); Jones v. Garrett, 192 Kan. 109, 386 P.2d 194 (1963); King v. Schumacher, 32 Cal.App.2d 172, 89 P.2d 466 (1939); and Heron v. Gaylor, 53 N.M. 44, 201 P.2d 366 (1948). It has also been said that substantive law creates, defines, adopts and regulates rights, while procedural law prescribes the method of enforcing those rights.
O'Quinn's final argument is that the immunities resulting from 81-9-1 and 81-9-2 constitute special and exclusive legislation contrary to article V. section 25. "A law is not local or special when it is general and uniform in its operation upon all in like situation." McCarty v. Goldstein, 151 Colo. 154, 376 P.2d 691; Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087; Rifle Potato Growers Association v. Smith, 78 Colo. 171, 240 P. 937; Consumer's League v. Colo. So. Railway Co., 53 Colo. 54, 125 P. 577; People v. Earl, 42 Colo. 238, 94 P. 294. As noted above, the instant legislation confers an immunity on a general contractor or a real property owner in exchange for a duty which inheres to the benefit of a workman.