Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-06-29

,idcs for the sale OF intoxicating o..
quors aud beverages and prescrlhes
their manner and sale. Whereas. the
proposed amendment 90 article XIX
seeks to prohibit the manufacture aud
sale 90 such intoxicating liquors and
beverages. being thereby an entirely
different subject and foreign 20 the
subject matter a. expressed In article
XIX OF the constitution Il could
just as well have been an amendment
of any other article Of the constitu
ton. as that of article XIX
Section OF article XVII OF the
constitution Of the State OF Florida
provides the manner Of proposing
amendments aud how the same mas
become parts of the constitution.
Section Of said article provides
a. follows: Either branch OF the
Legislature. In regular session there
of. may propose amendments TO this
constitution. and II the same be-
agreed TO by three-hfths Of all tho
members elected to each house. such
proposed amendment shall be- entered
upon their respective Journals with the
soss and nays. and published in one
newspaper OF each county where
newspaper Is published for three
months Immediately preceding the
leAt general election at representa-
lives. al which election the same shall!
le submitted TO the electors of the
state for approval or rejection. n
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.
lion.
In an advisory opinion 90 the Gov.
ernor. saith Florida report. page 500.
the supreme court of Florida holds
that amendments 90 the constitution
become operative and Of fun force and
effect and part OF the constitution co
Instant. upon its approval and adop.
tion by a majority vote OF the elect.
ors OF the State This same rule Is
In effect On other American States.
Provisions OF the constitution regu.
lating its own amendment otherwise
than by convention are generally 20
be considered mandatory rather than
pormissiye or directory and a strict
Observance OF every substantial a..
quircment Il essential 90 the validity
at the proposed amendment These
provisions are as binding on the peo
pie as ON the Legislature and the
former are powerless by their
vote OF acceptance Go give legal
sanction 60 an amendment the sub
mission OF which VAS made Ia disrc
gard OF limitations contained IN the
constitution. (See American and
English Encyclopedia OF Law. Second
edition. Volume 6, Page 9Oi), aud
cases therein cited. 81 Il g. clear ac.
Cording 60 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
itself
In the words heretofore quoted |
from section I. article XVII Of the
of the State of FLORIDA
says. "lf a majority of electors yot.
Ing upon an amendment at such cleo
ton shall adopt amendment, the |
anne shalt become "a part of che con.
.uuriuu"
N0v thr word shall" o. usod iu |
Moo. connection and Boo order to ar |
.It, 100 th. intent ana meaning of this |
revision. DO is proper t0 notice he |
..una uT chat nurI
ln American aud EueI.h EuccIo. /
.I.H .. I#n. second edition EUIum. F.
. r#a. .-. rHr nHrI f.. construed a. F..
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