Attorney General Opinions and Advisory Letters

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Citations - New Mexico Appellate Reports
Kelley v. Marron - cited by 64 documents

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Opinion No. 23-3670

February 12, 1923

BY: JOHN W. ARMSTRONG, Assistant Attorney General

TO: Requested by: Hon. Edgar F. Puryear, Representative, Chaves County, New Mexico.

A Multigraphed Bill is a Printed Bill.

OPINION

{*16} You ask whether or not a bill, such as you exhibit, made on a multigraph machine, is a "printed bill" within the meaning of the law.

A multigraph, as defined by the "Winston Simplified Dictionary" by Lewis, is a machine that both sets type and prints; a rotary typesetting and printing machine." From a somewhat meager research, we find no better definition. It logically follows that a bill, the product of such a machine, may be a printed bill. The bill presented for our examination is apparently the product of such a machine and is a printed bill.

A similar question was raised in State v. Oakland, 69 Kansas 784. There, in certain instances, the statute provided that "printed" notices should be posted; but those which were posted were in "typewriting" The court inquired: "Of what consequence is it whether the letters in the notice were formed by a typewriting machine or a typesetting machine?" The court further said:

"In either case the letters are substantially in the same form, are made from types and are impressed on paper in lines and columns of varying length. In the Century Dictionary the word 'typewrite' is defined: 'To print or reproduce by means of a typewriter'; the word 'typewriting' is defined: The process of printing letter by letter by the use of a typewriter. Printing is now accomplished by a great variety of machines, but none is in more common use than the typewriter. There are cases where there is room for a distinction between typewriting and printing, and in these the language used in the rule or statute ordinarily indicates a purpose to differentiate the one from the other."

If, in any instance, the Legislature deems it advisable to use multigraphed bills we see no objection. In Kelley v. Marron, State Treasurer, 21 N.M. 239, the court makes it quite clear that it will not look beyond the properly authenticated legislative act or bill in the office of the Secretary of State, certified and signed as required by the constitution.

We think the bill offered for our examination is a printed bill.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.