Fletcher v. Gifford

Citations

• 20 Idaho 18
• 115 P. 824
• 1911 Ida. LEXIS 70

Syllabus

<p>Constitutional Amendment — Construction and Interpretation — i ■ Legislative Intent — Intent or People in Yoting on Amendment — Omission oe Word.</p> <p>(Syllabus by tbe court.)</p> <p>1. Where the legislature, in proposing an amendment to see. 1 of art. 8 of the state constitution, stated in the title to the resolution submitting such amendment that the amendment was intended “to permit the legislature to authorize a bond issue sufficient to compíete the construction and furnishing of the State Capitol Building at Boise,” and the section providing the manner and form of submitting the question directed that it should be in the following language, “Shall see. 1 of art. 8 of the constitution of the state of Idaho be amended so as to permit the legislature to authorize a sufficient bond issue or make a sufficient appropriation to complete the construction and furnishing of the State Capitol Building at Boise, Idaho?” Held, that it was both the intention of the legislature in making the submission and of the people in voting to adopt the proposed amendment, to amend the original section of the constitution only in so far as to grant the power to the legislature to authorize a bond issue sufficient to “complete the construction and furnishing of the State Capitol Building” then in process of construction. Held, further, that the omission of the word “not” after the word “shall” in the first line of the section was an oversight, mistake or inadvertence, and that it was clearly the intention of the legislature in proposing the amendment and of the people in voting to adopt it that it should be read with the word “not” contained therein and as follows: “The legislature shall not in any manner create any debt or debts,” etc.</p> <p>2. It was clearly not the purpose of the legislature in submitting the proposed amendment to sec. 1, art. 8, of the state constitution to remove the debt limitation from the constitution, nor was it the intention or purpose of the people in vo