The state herald., 1912-09-27
lATIvE LAW
lis SUSTAINED
he COURT REvERsEs RID.
IN INITIATIVE AND REF.
ERENDuM CASE.
TO VOTERS NOV. 5
N WRITTEN BY CHIEF JUS.
CAMPBELL, ALL THE
DpeEs coNcURRiNG.
Newspaper Union News Service.

Newspaper Union News Service.
r.-The decision OF Judge Har-
iddle Of the District Court in
Secretary of State Pearce to
|tise and re-submit the initia-
referendum to q vote OF the
Virtually killing the act. was re-
by the Supreme Court in an
handed down Monday. The
was ordered romanded and
Riddle commanded to dismiss
tion Of w. H. Tate of Pueblo,
by his attorney, N. Walter
Dixon has three days to file
b for rehearing.
e Campbell wrote the opinion,
associates concurring.
Western Newspaper Union had
stensive advance preparations
to handle the initiative and
laws for the newspapers of
e in case the Riddle decision
rersed, and had the amend
Ill in type and several extra
; of paper provided when the
e Court rendered its decision.
ecision in full follows:
special session of the General
ly, convened in August, 1910,
lamation Of the governor, there
opposed, as an amendment to our
ltion, to be submitted to the
at the general election in No
of that year, for their approval
ction, what ia generally known
Initiative and Referendum law.
itutional majority of the people
ed 1t.
eafter, a large number of
nents to the constitution, pro
bnder authority of this new sec
fere filed In the office of the
Try Of state for submission to
bple at the general election to
Il in November. 1912.
relator. Tate. conceiving that
endment in question was not a
our organic law. filed his pc
n the District Court of the Sec
ldicial District, setting forth
In what its invalidity consist.
praying for a writ of mandamus
hpel the secretary of state TO
b and submit. or re-submit, the
to the qualified voters at the
eneral election. to be held in No
b, 1912, and TO hold for naught
more any and all petitions which
been filed in his office in nc.
ce with its provisions. that con
proposals for constitutional
ments and laws Hereunder. The
et Court granted the prayer OF
3titlon and issued its writ accord
TO review which this writ of er'
IS been sued out by the secretary
he.
One Defect Is Noted.
only defect which the petition
out In connection with the sub
~ OF the proposed amendment
be conceded failure upon the part
secretary OF state 10 cause the
TO be published in the session
|bt the special legislative session
BUS TO the general election OF
mt which the vote upon II was
fion 9 OF Article XIN OF the con
Jon. which provides how amend
thereto shall be proposed and
)tted. is controlling OF the ques
That part OF the section which
ftinent here reads: "thc
bed amendment or amendments
be published with the laws Of
)esslon OF the General Assembly
Ihe secretary OF state shall also
the said amendment or amend
TO be published In full In moi
than one newspaper OF general
|htIon In each county for four sue
be weeks previous to the next
|nl election for members OF The
(ai Assembly"
Relates the Contention.
contention OF felator. briefly
Is that the publishing OF pro
amendments In the session lawi
|ur successive weeks previous %
|rxt general election ia an essen
bndltion precedent 10 the validity
|lr submission; that they may be
|sed only at n regular. and not nj
|oial. session. OF the General ~
": but, II NJ n special session
must be done nc such n time ~
publication In the session laws
= made az the foregoing Language
blbca.
Section 0 OF Article ~ OF our
tuition. "tho governor may. on eS'
binary occasions. convene thc
'al assembly. by proclamation
lg therein the purpose for which
10 assemble"
Irc n no oxprosn provision IN
lection, or elsewhere IN tho con
lou. which prohibits the COVER
fom including In his proclamation
lnlng a special session OF tho
Ihl Assembly proposals Tor
dmcntn 90 the constitution.
b claimed, however, that the In
nr arises. by implication, from
language above quoted. which re-
! that proposed amendments be
fhod IN The session laws hut u
,louH that II this requirement Ia
aiory and applicable 10 insertion
! uoAnion laws. the particular OBJ
n here urged In untonuhle, for
icnoral Assembly may ho con.
IN special session n nuffloion,
b ol time IN advance ot the Ren
election 60 permit compliance
nuhliFnfinu IA fha aaaHtou laws.