Board of Public Instructions v. Board of County Commissioners

Citations

• 58 Fla. 391

Syllabus

<p>1. A constitution may be amended by implication in the adoption of amendments that by fair intendment and meaning and in effect accomplish such a result.</p> <p>2. Where there is a repugnancy between a constitutional amendment and some provision in the original, which cannot be so construed as to have them both stand and leave to each a legitimate office to -perform, the original must be deemed to have been repealed by the amendment.</p> <p>3. An amendment of a constitution repeals or changes some provision in, or adds something to, the instrument amended. Where an amendment is the last expression of the will and intent of the law making power duly exercised, such amendment is controlling, and prior provisions inconsistent with, or repugnant to the amendment are modified or .superseded to the extent of the inconsistency or repugnancy.</p> <p>4. While implied repeals or amendments of constitutions or laws are not favored, yet the primary consideration is to- give effect to the lawful intent of the lawmaking power as duly expressed, and this should be done even if it results in a repeal or modification of older inconsistent or repugnant provisions.</p> <p>5. Where an amendment contains no express repeal or modification of existing provisions of law the old and the new provisions should stand and operate together if it can be done without contravening the intent of the lawmaking power as duly and fairly expressed in the later provision; but to the extent that a fair construction or interpretation -of the new provision discloses inconsistency with, or repugnancy to an older provision, the later provision controls to effectuate the lawmaking intent.</p> <p>6. In construing an amendment to the State constitution it is proper to consider the circumstances which led to the adoption of the amendment, and the purpose designed to be accomplished.</p> <p>7. The provision of section 9 of Article XII of the constitution that “the net proceeds of all fines collected under the p