The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-11-03
DECISION OF FLORIDA SUPREME COURT IN
INITIATIVE AND REFERENDUM AMENDMENT

"a state 50 Pa ist. 50 s0uts. Rep.
ga
The constitution % this state en-
preEsly ordaina that each branch %
the legislature. a. a regular session
thereof may propose amendments 20
the constitution and T. the same be
agreed 20 by three-nft.is OF al the
members elected 70 each house. such
proposed ameHdments shall BE en-
tered upon their respective journals.
with the yeas and nays. and publish
"a" etc. This mandatory provision
that a proposed constitutional amend
ment shall be agreed 20 BY the requi-
site vote % the legislature IL net a
mere immaterial technlcai form that
may be disrcxaFsed IN the process %
amending the constitution.
n BY an Affirmative vote Of three
hfihs Of all the members elected 10
ire senate a proposed amendment ~
the constitution r. passed. and Luch
vote e. allowed b. the senate under
the rules OF ita proceedings- 20 be-
come hnai. such proposed amendment
would then be agreed 20" within the
meaning o. the constitution. But whe1
proposed amendment ~ passed b.
tie requisite vote In the senate. such
passage Is subject 20 the right 10 re-
consider q under the rules authorized
BY the constitution. and when such
vote Is. By tho senate pursuant q The
rules 81 its proceedingN~ duly deter-
mined 20 be reeonsideree. and no pro-
vision Of the constitution IL tsereby
violated the mere previous passage -
the amendment hy the senate does no,
rake the proposed amendment agreed
to- within the meaning Of the consti-
tuition.
A right 20 reconaidor action taken IL
an attribute 81 an denherative bodies,
aud q ia not forbidden. 20 the legls-
lafure ~ tae constitution.
The esnats's Auehority.
THE provisions of tie constitution
relative % amendments thereto 90 not
{ exclude the use By the senate q tho
authority conferred b. he provisions
90 the constitution that h "sAAn de-
tcrmine the rules ~ IS proceedings
and that a majority 81 eacA house
shall constitute quorum 20 do husl-
ness" Or exclude any other applicable
provision 81 the organic Law that ID
not IN conflict with the amendment
article
Appellant contends that Article XVII
/ providing Tor amendinK the constitu-
7 ton. a. complete In itself. and that
I tae validity ~ IRE action 81 the legia-
I laturs IN proposinE an amendment d
I the constitution is 70 be tested solely
Il hv said Article AVri such a conten-
I ton NAV md some support IN m
1 general discussions ~ amendment pro.
I visions by courts in some states
4 Apart from the fact tat such sen.
erai ianguaEe must always he con.
{ sidered in connection vith the fsct'
Z wlth which they were dealing. ne q,
/ not think they should apply 20 TIE In.
! depreciation ~ the amendment CLAUSE
of our constitution. Article XVII 81
our constitution cannot he construed
/ Independently n all relation 20 othei
| articles OF the constitution. and eape
I claiiy of the legislative articles. AT.
ticie XVI provides no method % De-
tcrmininE who shall constitute az
legislature ~ Florida. IL makes no pro
vision for president ~ the senate
[ n speaker ~ the house. Tor the makinl
I % rules 81 procedure BY either body
or for clerks or secretaries CT othe
auhordinatcs. n must be anparen
that tire makers % the conasltutiol
never intended that the Legislature