Utter v. Moseley

Citations

• 16 Idaho 274
• 100 P. 1058
• 1909 Ida. LEXIS 31

Syllabus

<p>Constitutional Amendments — Conflict—Adoption.</p> <p>1. Where a section of the constitution is amended at the same time by two different amendments and the amendments adopted are directly ih conflict, and it is impossible to determine which should stand as a part of the constitution or to reconcile the same, then they must both fail.</p> <p>2. If, however, one of such proposed amendments is not submitted in accordance with the provisions of the constitution and is not adopted or made a part of the constitution, and the other amendment is regularly submitted in accordance with the provisions of the constitution and adopted, then there can be no conflict between two amendments, and the latter will not fail because of conflict. ,</p> <p>3. The rule of law, that where two conflicting amendments are adopted at the same time, they both must fail, is based upon the assumption that both amendments are regularly submitted and adopted in accordance with the provisions of the constitution and are amendments to the constitution.</p> <p>4. A question submitted as a constitutional amendment does not become a constitutional amendment unless submitted and adopted in accordance with the provisions of the constitution.</p> <p>(Syllabus by the court.)</p>