Cleary v. Kincaid

Citations

• 23 Idaho 789
• 131 P. 1117
• 1913 Ida. LEXIS 104

Syllabus

<p>■Constitution — Amendments—Self-operative.</p> <p>1. Constitutional provisions are self-exeeuting when there is a manifest intention that they should go into immediate effect, and no ancillary legislation is necessary to the enjoyment of the right given or the enforcement of any duty. This is to be determined from a •consideration both of the language used and of the intrinsic nature of the provision itself. If the nature and extent of the right conferred and of the liability imposed is fixed by the provision itself, so that they can be determined by the examination and construction of its own terms, and there is no language used indicating that the subject is referred to the legislature for action, then the provision should be construed as self-executing, and its language as addressed to the courts.</p> <p>2. The eases of Blalce v. Board of Commissioners, 5 Ida. 163, 47 Pae. 734, and Hays v. Hays, 5 Ida. 154, 47 Pac. 732, cited, discussed and distinguished.</p> <p>3. See. 6, art. 18 of the constitution, as amended by the amendment adopted by the voters of the state on November 5, 1912, which provides, “by striking out the words ‘who is ex-officio tax collector/ after the words ‘a county assessor/ and inserting the words ‘and also ex-officio tax collector’ after the words ‘a county treasurer, who is ex-officio publie administrator/ ” is self-operative, and beeame a part of the state constitution upon its adoption by the voters of the state at the general election on the 5th of November, 1912.</p>