Gilpin observer., 1912-09-26
must be published in the session laws

- 70 p6 Idheu.
The language interprets itself.
There is no occasion for construction
Il IL immaterial whether we regard
the quoted words as a compound SEN
tence or as two separate sentences.
There Is a complete clause or sentence
ending with the word Assembly" first
employed. 1t does not say that pub
lication shall he 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 Gin 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.
"Also 10 an Adverb."
"Also" is an adverb. But 1t 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 a permanent
memorial for it's designated contents.
1t hac been held that publication OF
the session laws is a continuous publ
cation. Estate ex rel v. Grey, 21 Ne
vada, 37S.) 1t was so held to save
the validity OF constitutional amend
ment 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-
uuires 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
clearer: If "also" means Gin 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.
ly publications, and publication therein
is made daily or weekly. Publication
in the session laws is made-once for
all. 1t is not repeated either daily OF
weekly, monthly or annually; and SO
IL the requirement as to time is ap
plicable to both kinds of publication,
it would be impossible fully to comply
Herewith, If the ordinary and primary
Specification of words is to govern.
An ingenious argument by petition
er's counsel is made that IL publication
in the session laws need not be made
until after the election, it involves an
absurdity. since 1t is only proposed
amendments that are to be published
And if so, they may be made only be
fore, not after, the election, because
after election, amendments become, il
approved, complete or finished docu
ments; IL 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 well after as before the cleo
ton.
The majority opinion in re House
resolution No. 10, 50th Colo. II, lie
clearly authority for the conclusion
which we have reached, that publica
ton OF proposed amendments in the
session laws need not be made fol
four successive weeks previous to the
next general election.
IL II had been the intention Of the
trainers of the constitution to SO re
quire, it 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 thai
any such contention can be upheld. II
is too plain and conclusive to ouI
minds that the publication for foui
successive weeks previous to the gen
eral election applies only to publica
tion in newspapers to need further ar
gument or citation Of cases to sup
port 1t.
With the wisdom or policy Of thi:
amendment this court. OF course, ha,
nothing whatever to do. II the COST
of submitting amendments that are
proposed for submission at the com
ing election will be grievous and
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, OF
through their chosen representatives
can. in proper way, afford it. The
Judgment Of the District Court is re.
versed and the cause remanded, with
instructions to dismiss the petition.
Decision en- banc, all the Justice.
concurring.