The Holly chieftain., 1912-09-27

circulation In each county for four sue
cessiye weeks previous to the next
general election for members of the
General Assembly
Relates the Contention.
The contention of Ielator, briefly
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 a regular, and not at
a special, session, of the General AS
sembly; but, II at 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 Nv of our
constitution, 1.-The governor may, on ex-
traordinary occasions, convene the
general assembly, by proclamation
stating therein the purpose for which
it is to assemble"
There is no express provision in
this section, or elsewhere in the con-
stitution, which prohibits the govcr-
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
hibitior arises, by implication, from
the lang lage above quoted, which re-
qnires that proposed amendments be
published In the session laws. But 1t
is obvious that if 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, if at all, only to
amendments passed at SO late 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 a compound sem
tence or as two separate sentences.
There is complete clauseror sentence
ending with the word Assembly" first
employed. 1t does not say that pub
lication 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 well as the second,
preceding clause or sentence.
"Aiso Is an Adverh."
also" Is an adverb. But it is equal
ly true that it is conjunction, and
among its meanings are, as given by
Webster, besides, as well as further,
too" 1t is in the sense Of besides"
or further" that the word Is used
here.
That being so, it 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 serial publication. or
one that is made at fixed period or
at regularly recurring intervals. 1t is
published only once, as permanent
memorial for its designated contents.
1t has been held that publication Of
he session laws is continuous publ
cation Estate ex rel v. Grey, 21 Ne
vada, 37S.) 1t was SO held to save
he 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 is 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
will, If possible. make the point