The Teton peak. [volume] (St. Anthony, Idaho) 1899-1904, 1904-05-05
Attorney Generals
Opinion.

ION made tor calling CoHStltutlolldl
rronvention?" Attorney General
Iohn A. Bagley has rendered an
on;nion to the effect that the joint
Tersolution passed by the Seventh
LEGISLATURE, recommending that the
electors vote upon the question tof
calling a constitutional convention
AZ the next general election, has not
been legally submitted to the cleo
tors and cannot be printed upon the
ballot OF voted upon Ill November
of this year. The resolution, III
the opinion of the attorney general,
merely provided mode Of submit
tinq the question to the electors but
tbe bill necessary to place the
question before the electors III a
legal manner failed to pass the
house Of representatives.
rbe resolution recommending to
the electors that a constitutional
convention be called for the pur-
nose of revising and amending the
state constitution and that the
question be voted upon at the com
inc election, passed the senate OH
March ., 1908, and the house OF
conservatives on March 4, 1903.
TO give this resolution full effect
if was necessary that bill should
be passed authorizing the secretary
of State to publish certified copy
of the resolution for least SIX
weeks prior to the election in one
paper OF general circulation III each
county III the state, i'll order to
comply with constitutional provl-
sions.
Such a bill was introduced and
passed in the senate but was never
acted upon by the house Of repre-
sentatives, hence, the attorney
general maintains, the questions
cannot legally be submitted to a
vote at the forthcoming election.
FULL TEXT OF OPINION.
The opinion Of Attorney General
Baglev, which was delivered yester-
dav, is in full as follows:
Boise, Idaho, April q, 1904.
Hon. ". =. porah, Boise, Idaho
Dear eir Rct wing to yours OF
April 4th in which you ask: ''Ha:
there been any legal provisions
made for calling constitutions
convention?' will say:
The members of the last legisla
ture passed the following resolu
ton:
BE it resolved by the Legislature
Of the state of Idaho:
"Section /. That it is deemed
necessary to call a constitutions
convention to revise and amend tn
constitution of the state of Idaho
we recommend that the electors c
the state of Idaho, at the mex
general election of, this state, vote fo
or against a constitutional conven
ton
"Sec. ,. The question to be sui
nitted to the electors of the state {
Idaho shall be in form as follows
Shall there be a constitutions
convention called by the Eight
session of the Legislature of the stat
of Idaho to revise and amend II
constitution?
THE NECESSARY BILL.
Senate bill No. 115 provided:
"Be it enected by the legislatul
OF the state of Idaho:
Section |. That senate joil
resolution No. 10, which recon
mends that the electors of the sta
of Idaho vote at the next gener
election upon the question: ''Sha
there be constitutional conventie
called by the Eighth session of Il
i legislature of the state of Idaho,
revise and amend the constitution
Is hereby submitted to the electo
of the state of Idaho to be voted upC
at the general election to be he
IN November, 1904.
u Sec. 2. The secretary of sta
shall cause certified copy of sa
resolution to be published for
least six weeks preceding the sa
election, in at least one newspaI
h OF general circulation in each coun
OF the state of Idaho, and shall
quire proof of said publication
n be made by affidavit, filed with t
secretary of state, which he sh
preserve as part of the records
his office.
II FAILED TO PASS HOUSE.
This bill passed the senate Maj
=, 1903, and was transmitted to ,
house of representatives the sa
day. The Legislature adjourneu
March I, and before any action v
taken upon this bill by the hou
WHAT WAS REQUIRED.
Article 3, section 20, of the c.
stltution provides:
Whenever two-t thirds OF
members elected to each branch
the legislature shall deem it nee