The Raymer enterprise., 1912-09-26
circulation in each county for four sue
cessive weeks previous to the next
general election for members. of the
General Assembly"
RsIaDs the Contention.


stated, is that the publishing Of pro.
posed amendments In the session laws
for four successive weeks previous to
the next general election Is an essen
tial condition precedent to the validity
Of their submission; that they may be
proposed only at regular, and not at
q special. session, Of the General AS
sembly; but, flat special session,
that must be done at such time as
that publication in the session laws
can be made as the foregoing language
prescribes.
BY Section Of Article w Of our
constitution, "the governor may, on ex-
traordinary occasions. convene the
general assembly. by proclamation
stating therein the purpose for which
1t is to assemble"
There is no express provision in
this section. or elsewhere in the con-
stitution, which prohibits the COVER.
nor from including in his proclamation
conveninS special session Of the
General Assembly proposals for
amendments to the constitution.
1t is claimed, however. that the in
hibltion arises. by implication, from
the language above quoted, which re-
quires that proposed amendments be
published In the session laws. But 1t
is obvious that II this requirement is
mandatory and applicable to insertion
In the session laws, the particular OBJ.
lection here urged is untenable, for
the General Assembly may be con.
vened In special session Sufficient
length Of time in advance OF the gen
eral election to permit compliance
with publication in the session laws.
The objection goes, II at all, only to
amendments passed ut so late a date
that the requirement cannot be met.
And so The question really is whether
proposed amendments, submitted eth.
er at regular or special session,
must be published in the session laws
for four successive weeks previous to
the general election at which the vote
Is to be taken.
The language interprets itself.
There is no occasion for construction.
1t is immaterial whether we regard
the quoted words as compound SEN
tence or as two separate sentences.
There is complete clause or sentence
ending with the word Assembly" first
employed. 1t does not say that pub
llcation shall be for any specified
time, or previous to the next general
election.
1t is only by constituting the word
ALSO" as an adverb instead OF con.
junction and as meaning "in like man.
ner." which relator says should be
done, that the qualifying clause "for
four successive weeks previous to the
next general election" can be said to
refer to the first as we'll as the second,
preceding clause or sentence.
"AIso 10 an Adverb."
Also" Is an adverb. But II Is equal.
ly true that It Is a conjunction, and
among Its meanings are, as given by
Webster. besides, as we'll as further,
too" 1t Is in the sense OF besides
or further" that the word is used
here.
That being so. 1t is entirely clear
that publication for four weeks pre-.
vious to the next general election re-
lates only to newspapers and not at
all to session laws.
This conclusion is fortified by the
fact that, according to the ordinary
use Of language. 1t would be strained
construction and an unnatural use of
words to say that an amendment shall
be published in the session laws for
four successive weeks. "The Session
Laws" is not a serial publication, or
one that is made at fixed period or
ut regularly recurring intervals. It is
published only once, as permanent
memorial for Its designated contents.
1t hac been held that publication Of
he session laws is a continuous publ
cation. Estate ex rel v. Grey, 81 Ne
vada, 37S.) 1t was so held to save
the validity Of constitutional amend.
mcnt where the publication in the
session laws was made sixteen months
before an election, whereas the con-
stitutional requirement was that the
publication should be for three months
before the election. That ia not au.
thority, however, for the. contention
made here that our constitution re.
quires publication In the session laws
for four successive weeks previous to
the general election.
Court Makes Point Clear.
A moments further consideration
u,tll nnouthta vuakn ha nnfpt