The state herald., 1912-09-27


the quoted words as a compound SEN
tence or as two separate sentences
There is complete clause or sentence
ending with the word Assembly" first
employed. 1t does not say that pub
lication shall be for any specified
time, or 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," With relator says should be
done, tnat 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 Is an Adverb."
ALSO" is an adverb. But 1t is equal
ly true that 1t Is a conjunction, and
among its meanings are, as given by
Webster. besides, as we'll 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. 1.-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 permanent
memorial for it's designated contents.
1t hac been held that publication OF
the session laws is a continuous publi-
cation. Estate ex rel v. Grey, 81 Ne
vada, 37S.) 1t was so held to save
the validity of constitutional amend
mcnt 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
tho general election.
Court Makes Point Clear.
A moments further consideration
will IL possible, make the point
clearer: II also" means 'in like man
ner," II 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. II Is not repeated either daily OF
weekly, monthly or annually; and so
II the requirement as to time is ap
pllcable to both kinds of publication
ii would be impossible fully to comply
Herewith, II the ordinary and primary
Specification of words is to govern.
An ingenious argument by petition
er's counsel Is made that II publication
in the session laws need not be made
until after the election. II involves an
absufdlty, since It is only proposed
amendments that are to be published
And II so. they may be made only be
fore, not after, the election, because
after election, amendments become, II
approved. complete or finished docu
ments; II rejected, worthless things;
and, In either case. they are'no Longer
''proposed" amendments. The proyi
sion means that whatever Is proposed
as an amendment shall be published
In the session laws, fand that may be
done as well after as before the elec
tlon.
The majority opinion in re House
resolution No. 10. 50th Colo. II. Is
clearly authority for the conclusion
which we have reached, that publlea'
tlon of proposed amendments In the
session laws need not be made FOL
four successive weeks previous TO INC
next general election.
II II had been the intention OF the
trainers OF the constitution to so re
auire, II would have been easy TO say
SO In no uncertain terms. II Is only
by giving to their language an un
natural and forced construction thai
amy such contention can be upheld. II
Ia too plain and conclusive TO oui
minds that the publication for -four
successive weeks previous to the gen
eral election applies only to publica
lion In newspapers TO need further ar
gumcnt or citation OF cases to sup
port Il.
with tho wisdom or policy OF this
amendment this court. OF course, hai
nothing whatever TO do. II the cost
OF submitting amendments that are
proposed for submission at the com
Ing election will be- Rrloyous and 8
burden TO taXpayorH, this court car
give no relief Tho people have or
dalned their own constitution and
through their Representatives, have
made their laws. II In the duty Of the
court to enforce them as thoy are writ
ten. II relief should be given, only
the people themselves directly. OF
through thoir chosen representatives
can. In u proper way. afford H. The
Judgment Of the District Court Ia re-
vofsod ana the cause rcmanded With
Instructions 10 dismiss the petition.
Decision On banc, all the iuHticei
concurfing
aaaa
In Coffin q Hours: site UP.