The Colorado statesman., 1912-09-28

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 n compound sem
| 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 be for any specified
time, CT previous to the next general
| election.
| 1t is only by constituting the word
''also" as an adverb instead of a 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 Adverb."
"Also" is an adverb. But 1t is equal
| ly true that it is a 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, it 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. 1.-THE Session
Laws" is not a serial publication, or
one that is made at a fixed period or
at regularly recurring intervals. 1t is
published only once, as permanent
memorial for it's designated contents.
1t has been held that publication of
the session laws is continuous publi-
| cation. Estate ex rel v. Grey, 81 Ne
vada, 37S) 1t was so held to save
the validity of constitutional amend
ment where the publication in tho
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
clearer: If "also" means "in 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. It is not repeated either daily or
weekly, monthly or annually; and so,
| if 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 If publication
| in the session laws need not be made
until after the election, it involves an
absurdity, since it 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, II
approved, complete or finished docu
ments; if 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
| tion.
The majority opinion in re House
resolution No. 10, 50th Colo. IL, 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.
If it had been the intention of tho
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 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-
tion in newspapers to need further ar
| gument or citation of cases to sup
port it.
With the wisdom or policy Of this
amendment this court, of course, has
nothing whatever to do. If the cost
of submitting amendments that are
proposed for submission at the com
ing election will be grievous and a
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. 1t is the duty of the
court to enforce them as they are writ
ten. If relief should be given, only
the people themselves directly, or
through their chosen representatives,
can. in proper way, afford it. The
judgment of the District Court is re-