State ex rel. Adams v. Herried

Citations

• 10 S.D. 109
• 72 N.W. 93
• 1897 S.D. LEXIS 27

Syllabus

<p>1. A proposition for an amendment to the constitution, entered in full upon the journal of the senate, and by title only upon the journal of the house is entered upon the journals of the two houses, within the meaning- of Const. Art. 23, See. 1, providing that a “proposed amendment or amendments shall be entered on their journals.”</p> <p>2; A proposed constitutional amendment may become a law, though it is not printed upon each ticket upon the ballots voted in the general election.</p> <p>3. A proposed constitutional amendment may become alaw though the legislature made no joint resolution formally declai’ing that it should he submitted to the people.</p> <p>4. A proposed amendment to the constitution, by one section, changed the number of reg-ents of the state educational institutions, and by two other sections, abolished the trustees of such institutions. These sections were submitted to the people in such a way that each elector was compelled to vote for or against all the proposed changes. Held, that this did not violate Const. Art. 23, Sec. 1, requiring the submission of more than one amendment in such a way that they may he voted on separately as the single object of the amendment was to place said institutions under the control of a single board, and provisions incidental thereto would not constitute additional amendments. v</p> <p>5. The amendment of 1896 to Const. Art. 14, Secs. 3, 4, decreasing the number of a board of regents of education and increasing their powers, is authority for the creation of a new board agreeably to the constitution as amended, though the terms for which the members of the old board had been appointed had not expired.</p>