The Ordway new era., 1912-10-04

The language interprets itself.
There is no occasion for construction.
It Is immaterial whether we regard
tho quoted words as n compound sen.
tence or as two separate sentences.
There Is complete clause or sentence
ending with the word "asscmbly" first
employed. It does not say that pub
lication shall be for any specified
time. or previous to the next general
election.
It 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 10 an Adverb."
"Also" is an adverb. But 1t Is equal.
ly true that 1t Is a conjunction. md
among its meanings are. as given by
Webster, "besides, as we'll as further.
too." It 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-
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. it would be strained
construction and an unnatural use OF
words to say that an amendment shall
be published in tho session laws for
four successive weeks. "The Session
Laws" is not serial publication. or
one that Is made at q fixed period or
at regularly recurring intervals. 1t Is
published only once. as a permanent
memorial for its designated contents.
It hac been held that publication or
the session laws is n continuous publ.
cation. Estate ex rel v. Grey, FL Ne
vada. 37S.) 1t was 80 held to save
tho validity OF constitutional amend
mont where the publication In tho
session laws was made sixteen months
before an election, whereas the con-
stitutional requirement was that tho
publication should be for three months
before the election. That is not au.
thority. however, for the contention
made here that our constitution re-
ouires publication In the session laws
for four successive weeks previous to
tho general election.
Court Makes Point Clear.
A moments further consideration
viii. IL possible, make the point
clearer: II. "also" lneans sin like man.
ner." it follows that publication In the
session laws must, In all respects, be
In the same manner as In newspapers.
Newspapers are usually daily or week
" publications. and publication therein
ia made daily or weekly. Publication
in the session laws Is made once for
all. ft is not repeated either daily or
weekly, monthly or annually: and so.
IL the requirement as to time Is ap'
plicable to both kinds Of publication,
il would be impossible fully to comply
herewith, II the ordinary and primary
Specification of words is to govern:
An ingenious argument by petition.
er's counsel is made that II publication
in the session laws need not be made
until after the election. 1t involves an
absurdity, since 1t Is only proposed"
amendments that are to be published.
And II SO. they may be made only be-
fore, not after. the election. because.
after election, amendments become, II
approved. complete or finished docu'
ments: II rejected. worthless things;
and. in either case, they are no longer
.'proposed" amendments. The provi.
sion means that whatever is proposed
as an amendment shall be published
in the session laws. and that may be
done as we'll after as before the cleo.
ton.
The majority opinion in re House
resolution No. 10, 50th Colo. II. Is
clearly authority for the conclusion
which we have reached. that publica'
ton of proposed amendments In the
session laws need not be made for
four successive weeks previous to the
next general election.
II It had been the intention Of tho
trainers Of the constitution to SO re-
uuire, 1t would have been easy to say
So In no uncertain terms. 1t Is only
by giving to their language an un.
natural and forced construction that
any such contention can be upheld. 1t
is too plain and conclusive to our
minds that the publication for four
successive weeks previous to the gen.
eral election applies only to publica'
ton in newspapers to need further ar.
rument or citation OF cases to sup
port 1t.
With the wisdom or policy Of this
amendment this court, Of course, has
nothing whatever to do. II the cost
of submitting amendments that are
proposed for submission at the com.
ing election will be grievous and 4
burden to taxpayers, this court can
give no relief. The people have or.
dained their own constitution and.
through their representatives, have
made their laws. It is the duty OF the
court to enforce them as they are writ.
ten. II relief should be given, only
the people themselves directly. or
through their chosen representatives,
can. in a proper way, afford 1t. The
judgment Of the District Court is re-
versed and the cause remanded, with
Instructions to dismiss the petition,
IAaaiaiax