The Idaho Springs siftings-news., 1912-09-28
must be published in the SCI Sion laws


Is to be taken
The language interprets itself.
lhere iG no occasion for construction.
1t is immaterial whether We regard
Inc quoted words as compound SEN
tehce or as two separate sentences.
Ihere Is complete clause or sentence
ending with the word assembly" first
employed. 1t does not say that pub
lcation shall be for any specified
time. or previous to the next general
election.
II is only by constituting the word
also" as an adverb instead of con-
junction and as meaning lin like man
ner,' which relator says should be
done, that the qualifying clause "for
lour successive weeks previous to the
next general election" can be said to-
refer TO the first as we'll as the second.
preceding clause or sentence.
"Aiso Is an Adverb."
Also is an adverb. But it 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 publication for four weeks pre-
vlous to the next general election re-
lates only to newspapers and not at
all to session laws.
This conclusion is fortified bv the
fact that, according to the ordinary
use of language, it would be a 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 a serial publication. or
one that is made at a fixed period or
at regularly recurring intervals. 1t is
published only once, as a permanent
memorial for its designated contents
1t has been held that publication OF
the session laws is continuous publ1-
cation. Estate ex rel v. Grey, 21 Ne
vada, S7S.) 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-
thoritv. however, for the contention
made here that our constitution re-
ouires 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 ike man
ner," it follows that publication in the
session laws must, in all respects, De
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 dally OF
weekly. monthly or annually; and SO
~ 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
signification 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
.ntiI after the election, 1t involves al
| ahsurdity, since it is only proposed
| amendments that are to be published
And il SO, they may be made only be
fore, not after, the election, because
after election, amendments become, /
I.pproyed, complete or finished docu
| ments: if rejected, worthless things
and, in either case, they are no longel
"proposed'' amendments. The PROV
sion means that whatever is proposed
as an amendment shall be published
in the session laws, and that may bt
done as well after as before the elec
tion.
The majority opinion in re House
resolution No. 10, 50th Colo. II, is
clearly authority for the conclusion
which we have reached, that publica
tion of proposed amendments in the
session laws need not be made FOL
four successive weeks previous to the
next general election.
If it had been the intention of the
trainers of the constitution to SO re
auire. it would have been easy to say
SO in no uncertain terms. 1t is only
nv giving to their language an un
natural and forced construction tha'
any such contention can be upheld. IL
is too plain and conclusive to oui
minds that the publication for foul
successive weeks previous to the gen
eral election applies only to publlca
ton in newspapers to need further ar
eument 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. II relief should be given, only
the people themselves directly. or
through their chosen representatives,
can. in a 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 justices
concurring.