Gainesville daily sun., 1909-07-01
PROHI. AMENDMENT IS
SAID TO BE- NO EFFECT
Cannot Possibly Be Statewide Prohibition Before
1913 Even II Amendment Is Adopted.


become parts of the constitution.
Section OF said article provides
as follows: Either branch Of the
Legislature, I'm regular session there.
OF, may propose amendments TO this
constitution, and IL the same be
agreed to by three-fifths OF all the
members elected TO each house. such
proposed amendment shall be entered
upon their respective journals with the
yeas and nays, and published in one
newspaper OF each county where a
newspaper Is published for three
months Immediately preceding the
next general election of representa-
tives, at which election the same shall
be submitted to the electors of the
State for approval or rejection. II
a majority OF the electors voting upon
such an amendment at such election
shall adopt the amendment, the same
shall become a part of the constitu-
IT,"
In an advisory opinion 10 the Gov
, ernor. 3ith Florida report. page 500.
the supreme court OF Florida holds
that amendments to the constitution
become operative and OF full force and
effect and part Of the constitution go
Instant. upon its approval and adop-
tion by a majority vote OF the elect.
ors OF the State. This same rule is
In effect in other American States.
Provisions of the constitution regu.
lating its own amendment otherwise
than by convention are generally to
be considered mandatory rather than
observance OF every substantial re.
quirement Is essential TO the validity
OF the proposed amendment These
provisions are as binding ON the peO-
pie as on the Legislature and the
former are poweTless by their
vote OF acceptance to give legal
sanction to an amendment, the sub
mission OF which was made in disre-
gard of limitations contained in the
constitution. (See American and
English Encyclopedia OF Law. Second
edition. Volume 8. Page 9OH, and
cases therein cited. so IL is clear &C.
coTding To the rule OF con.
struction OF constitutional pro
visions. that amendments must be
submitted and adopted strictly in ac
cordance with the provisions of the
construction itself.
In the words heretofore quoted
from section l. article XVII OF the
constitution OF the State OF Florida,
says, IF a majority OF electors vot.
ing upon an amendment at such elec.
tion shall adopt amendment. the
same shall become a part OF the con.
stitution."
Now the word shall" Is used In
this connection and In order to ar.
rive at the intent and meaning OF this
provision, IL is proper to notice the
meaning of that word.
In American and English Encyclo.
pedia of Law, second edition, volume
25, page 623, the word is construed as
follows: The presumption is that the
word shall Is used In an impera.
tive and not In n directory sense
and in its meaning given in diction'
aries. the word shall" Is used pri
marily In the present tense. so that
the provisions OF the constitution re.
specting amendments show clearly
that the intention was that amend
ments SHOULD take effect Immediately
upon their approval by the electors
as provided therein, and that the
Legislature in proposing amendments
or the electors, in adopting amend
ments. could not extend or enlarge
this meaning.
Section 3 of the proposed amend
ment under discussion provides as
follows:
Sec 3. This article shall go into
effect on the first day OF July. A. d
1911.
Now submit that this proposed
amendment is in direct conflict with
the constitution respecting amend
ments. and therefore. as such, is void
as the Legislature proposing and the
electors adopting amendments are
not authorized to set the time ahead