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AGO 1952 No. 426 - November 19, 1952
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Smith Troy | 1941-1952 | Attorney General of Washington


 The first day on which colored oleomargarine may be sold in the State of Washington is December 4, 1952.

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                                                               November 19, 1952 

Honorable Earl Coe
Secretary of State
Olympia, Washington                                                                                                              Cite as:  AGO 51-53 No. 426

 Dear Sir:

             You have requested an opinion as to the first day on which colored oleomargarine can be legally sold in the State of Washington pursuant to Initiative Measure No. 180 which was approved by the voters at the November 4 general election.

             Our conclusion is that December 4, 1952, is the first day on which colored oleomargarine may be sold in the State of Washington.


             Amendment 7 (d) to the Washington Constitution in part provides:

             "* * * Any measure initiated by the people or referred to the people as herein provided shall take effect and become the law if it is approved by a majority of the votes cast thereon:  Provided, That the vote cast upon such question or measure shall equal one‑third of the total votes cast at such election and not otherwise.  Such measure shall be in operation on and after the thirtieth day after the election at which it is approved.  * * *"

              [[Orig. Op. Page 2]]

            RCW 1.12.040 provides:

             "The time within which an act is done shall be computed by excluding the first day and including the last, unless the last day is a legal holiday, and then it shall also be excluded."

             Pursuant to the above quoted constitutional amendment and code section November 5, 1952, must be designated as the first day in the computation of the thirty day period.  Consequently, the thirtieth day falls on December 4, 1952, so necessarily that day is the first day on which colored oleomargarine may be sold under authority of Initiative Measure No. 180.

 Very truly yours,
Attorney General 

Assistant Attorney General

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