Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-22
NO DOUBT ABOUT
WINTER SESSION
SAYS CLANCY
In Lengthy Opinion to Cover
nor Mcdonald Attorney
General Declares Legisla-
ture Must Meet Again.

Especial Telegram Go EveninE EeFaidI
santa Fe. n NJ. June 22,--ln an
opinion sent 10 Governor Mcdonald.
In answer 10 query by the latter. At
toFn0y General Frank w. Clancy
states positively that in his view there
IN no manner OF doubt that the con-
stitution provides for another session
OF the legislature In January. MIR.
Clancy's opinion In full is az follows.
santa Fo. une 90. 1912,
Hon William g. Mcdonald, Governor
of New Mexico, Santa Fe. n. NJ.
Dear Sir--I have today receive dyour
letter Of yesterday a. which you state
lat there has been question raised
as 70 whether under the constitution
there, viii be regular session Of the
legislature Of Kew Mexico beginning
with the second Tuesday ~ next Jan
uary, ana You request that ] give you
my written opinion on this subject az
the earliest moment practicable.
have noticed In several Of the
newspapers. statements To the effect
that there can be no regular session
OF the legislature next winter but I
have not seen or heard any statement
OF any reason for such suggestion. /
g. nave fAW MWMWAH NNA"AANN " 10 AhtNA hAhNAN
should be- regularly. 10 accordance
with the constitution a session OF the
I legislature beginning on the second
/ Tuesday Of next January. and / be-
/ leye very brief statement Of the
constitutional provisions viii be con-
vincing.
The sessions Of the legislature are
provided for IN section of article ~
Of the constitution, which reads as
follows
"Thc FIRST session OF the legislature
shall oegln at twelve o'clock. noon. an
the day specified in the proclamation
OF the governor. Subsequent sessions
shah begin az twelve o'clock. noon, ON
the second Tuesday Of January next
after each general election No reg
ular session shall exceed sixty days,
except the first. which may be ninety
days, and nn speelai session shall OK
coed thirty days"
II viii be seen that. standing alone.
this section would require vs., for an
answer TO the present question. 20 de-
eide what II general election.
There are. however. other provisions
Ia the constitution which make u per
fectly plain that the election which
we viii have In November next is q
genera. election, but before calling
your attention 90 those proyisions ~
may be well briefly 10 consider whcth-
er or not the next November election
would be- "a general election u we had
nothing as q guide except the section
above quoted.
As defined by Webster, general
means common 10 many or great
est numbers; widely spread, prevalent
extensive. though not universal
There is no difficulty IN applying
these definitions 20 an election, and az
election. no matter for what purpose
which Is held throughout the whols
state, 10 clearly common 90 many
Widely spread and extensive
In Maryland u has been held tia
an election general throughout th'
state, for members OF congress aae
, judges. was general election withir
the meaning OF a statute requiring
question 20 be submitted 20 the peopl'
al general election az the term wa
used in the constitution.
Maekin ~ state. Sc Nd 2t7
IN another Maryland case. u va
decided that statute which Impose,
q duty ON county clerk "after oaci
and every general election" include