 The Colorado State Legislature put the matter to a referendum, which submitted to voters.p.219 On November 4, 1902, Colorado voters passed the amendment 72,980 to 26,266, an approval rate of greater than 72 percent.p.218-219

The new law, with the force of a state constitutional amendment, had only to go back to the state legislature in the 1903 session for final implementation.Under pressure from mining companies,p.219-220 the Colorado state government ignored the results of the referendum, and did not pass the enabling legislation.p.65 Governor Peabody, elected with pro-business support, had the opportunity to rescue the amendment, but opted not to do so.In 1906, President Theodore Roosevelt would write that Peabody's failure to pass an 8-hour law was "a grave error" and "unpardonable.