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IS SUSTAINED SUPREME COURT REVERSEB RID DLE IN INITIATIVE AND REF ERENDUM CASE. GOES TO VOTERS NOV. 5 OPINION WRITTEN BY CHIEF JUS TICE CAMPBELL, ALL THE JUDGEB CONCURRING. Western Newspaper Union News Service. Denver.—The decision ot Judge Har ry B. Riddle of the District Court in ordering Secretary of State Pearce to rd-advertise and re-submit the initia tive and referendum to a vote of the people, virtually killing the act, was re versed by the Supremo Court In nn opinion banded down Monday. The cause was ordered remanded and Judge Riddle commanded to dismiss the potition of W. H. Tato of Pueblo, brought by his attorney, >l. Walter Dixon. Dixon has three days to file a motion for rehearing. Justico Campbell wrote the opinion, his six associates concurring. The Western Newspaper Union had made extensive advance preparations in order to handle the Initiative and referred laws for the newspapers of the state in case the Riddle decision was revet sed, and had the amend ments all in type and several extra carloads of paper provided when the Supreme Court rendered its decision. The decision in full follows: At a special session of the General Assembly, convened in August, 1910, by proclamation of the governor, there was proposed, as an amendment to our constitution, to be submitted to the people at the general election in No vember of that year, for their approval or rejection, what is generally known as the Initiative and Referendum law. A constitutional majority ot the people approved it. Thereafter, a large number of amendments to the constitution, pro posed under authority of this new sec tion, were filed in the office of the secretary of state for submission to the people at the general election to be held in November, 1912. The relator, Tate, conceiving that the amendment in question was not a part of our organic law, filed hlB pe tition in the District Court of the Sec ond Judicial District, setting forth therein In what its invalidity consist ed and.praying for a writ of mandamus to compel the secretary of state to publish and submit, or re-submit, the same to the qualified voters at the next general election, to be held In No vember, 1912, and to hold for naught and ignore any and all petitions whicb have been filed in his office in ac cordance with its provisions, that con tained proposals for constitutional amendments and laws thereunder. The District Court granted the prayer of the petition and issued its writ accord ingly; to review which this writ of er ror has been sued out by the secretary of state. One Defect Is Noted. The only defect which the petition points out in connection with the sub mission of the proposed amendmen was the conceded failure upon the par of the secretary of state to cause th< same to be published in the sessto laws of the special legislative session previous to the general election of 1910, at which the vote upon it was taken. Section 2 of Article XIX of the con stltutlon, which provides how amend ments thereto shall be proposed and submitted, is controlling of the ques tion. That part of the section which is pertinent here reads: * • • “the proposed amendment or amendments shall be published with the laws of that session of the General Assembly, and the secretary of state shall also cause the said amendment or amend ments to be published in full in not more than one newspaper of general In Coffin 24 Hours; Sits Up. Enterprise, Miss.—The preparations for James Lee’s funeral were discon tinued when he sat up in the coffin where he had laid twenty-four hours, supposedly dead from typhoid fever. He will recover, say the doctors. King Alfonso's Sister Dies. Madrid. —King Alfonso’s sister, the Infanta Maria Teresa, is dead. She was thirty years old, the wife of Prince Ferdinand of Bavaria. She never re gained her health after the birth of her daughter August 16th. Pinned Down by Horse; Drowns. Gillette, Wyo.—Pinned down in the reservoir of the S-Bar ranch by the weight of his horse, George Crail, a cowboy, was drowned while the beast floundered In attempts to regain his tooting. Cost $1,000,000 to Bury Mikado. / Tokio.—When all bills are paid, it was estimated the late Mikado's funer al will have cost $1,000,000. circulation in each county for four suc cessive weeks previous to the-next' general election for members of the General Assembly.’' Relates the Contention. The contention of relator, briefly stated, is that the publishing of pro posed amendments in the session laws for four successive weeks previous to the next general election is an essen tial condition precedent to the validity of their submission; that they may be proposed Only at a regular, and not at a special, session, of the General As sembly ; but, if at a special session, that must be done at such a time as that publication in the session laws can be made as the foregoing language prescribes. By Section 9 of Article IV of our constitution, "the governor may, on ex traordinary occasions, convene the general assembly, by proclamation stating therein the purpose for which it is to assemble.” There is no express provision in this section, or elsewhere in the con stitution, which prohibits the gover nor from including in his proclamation convening a special session of the General Assembly proposals for amendments to the constitution. It is claimed, however, that the in hibition arises, by implication, from the language above quoted, which re quires that proposed amendments be published in the session laws. But It is obvious that if thlß requirement is mandatory and applicable to insertion in the sespion laws, the particular ob jection here urged is untenable, for the General Assembly may bo con vened in special session a sufficient length of time in advance of the gen eral election to permit compliance with publication in the session laws. The objection goos, if at all, ODly to amendments passed at so late a date that the requirement cannot be met. And so the question really is whether proposed amendments, submitted eith er at a regular or soocial session, 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. It Is immaterial whether we regard the quoted words ns a compound sen tence or as two separate sentences. There is a complete clause or sentence ending with the word “assembly” first employed. It does not say that pub Ucatlon shall be for any specified time, or previous to the next general election. It is only by construing 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. "Also 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.” It 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. Thiß conclusion is fortified by 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 weekß. “The Session Lawß” is not a serial publication, or one that is made at a fixed period or at regularly recurring intervals. It Is lublishod only once, as a permanent nemorinl for its designated contents. It has been held that publication of he session laws Is a continuous publi cation. (State ex rel v. Grey, 21 Ne vada, 378.) Tt was so held to save 'he validity of a constitutional amend ment'where the publication in the cession 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 tho general election. Court Makes Point Clear. A moment’s further consideration will, if possible, make the point Get $57 and Watch; Overlook $1,000 Pueblo. —Masked men placed a gun to the heads of Ben Beno, an acrobat who was playing at the Fair here, and his sister, and relieved Beno of $57 and a valuable gold watch; but thdy overlooked a roll of bills amounting to SI,OOO, which their victim carried in his stocking. Car Sweeper Crushed to Death. Grand Junction. —John Henry, an Italian car sweeper employed for the last fifteen years by the Denver & Klo Grande railroad, was cut to pieces when he stepped in front of a passen ger train. He was fifty-four years old and leaves a widow and seven child ren. Trout Fry for Teller. Cripple Creek. —Between 75,000 and 100,000 trout fry consigned by Col. James Shinn, the state game commis sioner, from the Brighton hatchery, were received here and placed in the streams of Teller county. clearer: If “also'' means "In like man ner,” It follows that publication in the session lawß must, In all respects, be In the same manner as In newspapers. Newspapers arq usually dally 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 daHy 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 therewith, 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 • ,ntll 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, If 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 elec tion. The majority opinion in re House resolution No. 10, 50th Colo. 71, is clearly authority for the conclusion which we have reached, that publica tion 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 the framers of the constitution to so re quire, it would have been easy to say so in no uncertain terms. It is only by giving to their language an un natural and forced construction that any such contention can be upheld. It 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 Hr 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. It 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 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. May Raise “Golden Gate.” Ellensberg, Wash. “Uncle Joe" Morrell of Ellensberg, sole remaining survivor of the ship Golden Gate, which burned and sank off Manzanillo, Mex., in 1864, with over $2,000,000 in California gold on board, received a letter from a San Francisco syndicate asking certain details of the wreck and the bearings of the spot where the Golden Gate sank. The letter car ries the information that sufficient money to raise the wreck had been subscribed and that soon an expedi tion would be fitted out. Castle Chadwick Dupes Get $22,875. Elyrh;, Ohio. —Part, of the money of which the people of Oberlin were fleeced by the late Cassie Chadwick has come back to them. The United State Fidelity and Bonding Company of New York paid into court hero $22,- 875, which represents the $15,000 bonds, with interest, of the late cash ier A. B. Speer of the National Bank of Oberlin, which was wrecked through its dealings with Mrs. Chad wick. Family Found Stricken With Leprosy. Spokane, Wash. —Surgeon General Rupert Blue of the public health and marine hospital service has been asked to tako steps to isolate the family of Antonio Valcane, now living here, members of which are said to be suf fering from leprosy. . Mrs. Dorothy Hemming Dead. Colorado Springs.—Mrs. Dorothy Hemming, twenty-five, wife of Wtlmer D. Hemming, died at her home in this city. Her husband Is assistant cashier of the El Paso National bank and son of the bank's president, C. C Hem ming. Mrs. Hemming, nee Dalton, was a leader in Colorado Springs so ciety. Pueblo Makes Big Shipment. Pueblo.—The largest slugle ship ment of fruit and vegetables ever made from Pueblo county went out last week. Two trains of forty car loads each, all produced In this county, were shlppod to Kansas City and Chi cago markets. Gives Up His Leg to Girl. Gary, Ind.—William Rugh, a news boy, will allow the amputation of his crippled leg In a few days so that Its skin may be grafted on the body of Miss Ethel Smith, a girl he has never seen. MADE THE WRONG QUOTATION Nervous Swain Meant Well, but It Was Not Likely He Won Love of Fair Malden. He was diffident and universal In so ciety's ways, but he was badly smitten with a reigning belle, and had nerved himself to woo and win. So he se cured an Introduction, and In due course went to pay his first call. He thought it would help him out a bit If he took her some flowers, so he bought a superb bouquet for her. As he reached the house, however, he re membered that she had a splendid con servatory, and he tried to think of a way out of the difficulty. Suddenly lie recollected the saying anent "taking coals to Newcastle," and determined to make use of it. But he was dread fully nervous. He broke into a cold sweat as he rang the bell, and when the divinity appeared in the recep tion room he didn't know whether he stood on bis head or on his heels. "I —I —thought,” he stammered, “that I would b —bring you a bouquet, b— but it's like casting p—p —pearls before swine!” JOYS OF SUMMER. Wlfey—All flesh Is grass. Hubby — l suppose that's what the lawn mower thought when It cut my foot. Bad Practice. Fresh Boarder—Mrs. Simpkins, you would never get employment In a street railway office. landlady—Why not? Fresh Boarder —You exhibit too strong a tendency to cut down the fare. When the Egg Is Laid. Patience —The hen never counts her chickens before they are hatched. Patrice—But you must remember she does a whole lot of cackling. Mrs. Winslow's Soothing Syrup for Children teethiug, 'softens the gums, reduces intluuims tlon, allays pain, cures wind colic, ISc a pottle. Adv. Where ignorance is bliss it is folly to cultivate the acquaintance of a chap that knows it all. Red Cross Bug Blue, much better, goes farther than liquid blue. Get from any good grocer. Adv. There’s many a slip ’twlxt the ax and the chip. i ifli.iuiinu.il CASTORIA kg For Infants and Children. HASTORIA! Kind You Nave |* aia. Hi MB Always Bought AOtg C ?hkPre PER - C f N J I # I 1 Bears the A, S Signature /Alt 55 q Promotes Digestion,Cheerful- MJr Br* fj nessandßest.Conlainsneither nf /(V AIP '•i'l Opium. Morphine nor Mineral #l\ lr S 3 Not Narcotic |L\| IT fa /Wjw SOU DrSAMVEMTt/rER ft A 111 iW - . | \ » m7s~*. - If 1 AtMUSmMg • 1 Jft * | g£L.. a . t\* in w^s< t d- II 4 It • 111 .ft JIL VI n Aperfecl Remedy for Consllpa- Jt/t IIQR Ml) lion, Sour Stomach,Diarrhoea, f II IV s*o Worms,Convulsions .Feverish- I ljy _ _ tJJ® ness and Loss OF Sleep Y m Lnv VI y gar Fac Simile Signature of 111 l UWWI | Thirty Years - " |j CASTORIA Euact Copy of Wrapper TH . M „. M w. mn . SUFFERED EVERYTHING For Fourteen Years. Restored To Health by Lydia EL Pink ham’s Vegetable Compound. Elgin, III—“After fourteen yean wt Buffering everything from female tarn- . plaints, I snft at M [restored to health. I “ I employed the best doctors sad even went to the hospital to r treat ment and was told there wss no helpfor me. Rot while tak ing Lydia EL Pink ham’s Vegetable Compound I began to improve and I — l**j|nw*v OSS IB M continued its use until I tvaa made well. ’’ —Mrs. Henry Leiseb erg, 743 Adams Bt. Kearneysville, W. Va.— “I fed it my duty to write and say what Lydia E. Pinkham’s Vegetable Compound has done for me. I suffered from female weakness and at times felt so miserable I could hardly endure being on my feet. '‘After taking Lydia & Pinkham’S Vegetable Compound and following your special directions, my trouble is gone. Words fail to express my thankfulness. I recommend your medicine to all my friends.”—Mrs. G. B. WB1WBWC The above are only two of die thou sands of grateful letters which are con stantly being received by the Pinkhsm Medicine Company of Lynn.Mane ,which show clearly what great things Lydia E. Pinkham’s Vegetable Compound does for those who suffer from woman’s Ola . If you want special advice write to Lydia E. Pin kb am Medicine Co. (eoafl dentlal) Lynn, Mass. Tour letter win be opened, read and answered by a woman and held In strict cenddenee. The Wretchedness of Constipation Can quickly be overcome by ' CARTER’S LITTLE LIVER PILLS. Purely vegetable N-, —act surely and is? Biliousness, 11L:.. Head- I ache, OF Dizzi- ' r "“ 1 ness, and Indigestion. They do their doty. SMALL PILL, SMALL DOSE, SMALL PKMX. Genuine must bear Signature foackache Rheumatism 1 Kidneys and Bladder 1 for all | ■ l!RynR!R|VI!i EYE PAINS ■ SUHIWMaMillia W. N. U., DENVER, NO. SB-1912.