Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-08-10

Publication Held TO He Legal.
| At the request of Secretary Of State
| Galusha the legal department of the state
/ has handed down an opinion holding tho
/ publication of the notice Of the constitu-
| tional amendment to be voted on this fall,
in supplement to a daily Or weekly news
| paper. is legal The opinion also states the
notice must be printed daily for three
| months II the notice first appears in daily
publication. The opinion, which is addressed
/ to Mr.. Galusha, is follows:
We have your communication OF the 7th
! inst submitting the following questions
] and requesting an opinion thereon:
In the event the first publication OF a
/ constitutional amendment notice is made In
a daily newspaper, shall II be published in
! each subsequent daily issue Of such paper
during the, required period Of three months tn
weekly shall 1t then be published triweeSly
for the three months, or may the publlca-
| ton be changed from the one issue to the
other and still comply with the law requir-
/ ing the publication of such notice once
/ each week in at least one newspaper in
each county also, is the nrst publication
OF the notice in a newspaper supplement a
compliance with the law?, -.,...,--
p"such proposed amendments shall be pub
nshed once each week in at least one news
is published, for three months Immediately
| preceding the next election of senators and
representatives. at which election the same
shall be submitted TO the electors for APP
In the case OF State ex rel Brigham
against South Omaha SO Neb., SIC, where
a publication was made under section 2
chapter 20, compiled statutes, pertaining II
notice of application for a liquor license
Cthe law requiring the publication OF notice
to be made for two weeks in a newspaper
before action might be taken upon such
application by the licensing ooardO, It was
then the notice must be published daily
If the paper is published weekly, then
weekly puhlicah 4 ms will be sufficient" From
analogy. therefore, we conclude that II the
publication Of the constitutional notice Is
begun in a daily it should be continued In
three months next preceding the general
election; II published in trtSgeekly, that
IT should be published triweekly. In suet
paper for the three months, and IL pub
iished in a weekly, then weekly during
said period, and that 1t would be unsafe tC
change from one issue to another.
in a newspaper supplement, Webster define:
a supplement as that which supplies q
deficiency; that which fills up. completes
or makes an addition 70 something already
organized, arranged, or set apart: a par
ADDED To- OF cont ~, .s OF I'M,
OF Ohio in the case OF State against BoarC
OF Commissioners, 16 ohio. circuit court 21S
The Standard dictionary defines a supple
ment as something added that supplies
deficiency. especially an addition to a pub
lication In a newspaper T IT Is often
paedic work some times an entire volume.
/ A supplement to a daily newspaper
therefore, IS legal part OF such daily
| paper: a supplement to a weekly is a lega
part of such weekly paper. and a supple
ment 10 a triweekly newspaper Is n lega
part Of such triweekly paper, and a publica
ton within the required period OF a consti
| tutional amendment election notice in sucl
supplement or supplements would. in tn,
! opinion Of this department. be a leRa
publication OF such notice and a compliance
with the constitutional provision above re
ferred to. Notice, knowledge. or publicit,
Is the end sought for IN such cases an,
publication in a supplement TO a newspaper
being a part Of such paper, accomplishet
this purpose ms practically and effectuall!
as publication in the regular issue OF sucl
! paper.
Court Decides similar Case.
Secretary OF State Galusha today re
ceived a letter from c. ]. Stockwell OF tn