The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1916-05-05

De distinctly Speclhed therein, ETC., etc.
but no such law shall take effect until
at general election it shall have been
submitted to the people, and shall
have received majority of all the
votes cast for and against it at such
election
section 8, of the same Article pro-
vides as follows: Sec. 8. No county,
city. town, township. board of educa-
ton, school district. or other subdi-
vision of the state, shall incur any in
debtedness. or liability, in any man
| ner, or for any purpose, exceeding in
| that year the income and revenue pro-
vided for it for such year, without the
assent of two-thirds of the qualified
electors thereof voting at an election
held for that purpose
Section Ill. Article X, of the same
instrument provides as follows: Sec.
| Ill, The legislature may submit the
question of the location of the seat of
government to the qualified voters of
| the state at a general election, and
majority of all the votes upon said
question cast at said election shall be
necessary to determine the location
| thereof
Section H., Article XVIII, pro-
vides that No county seat shall be
removed unless two-thirds of the quail
flied electors of the county voting on
the proposition at a general election
shall vote in favor of such removal
The trainers of the constitution of
Idaho, as shown by the foregoing sec
tons. clearly intended that to accom-
pllsh certain purposes majority of
all the electors voting in the affirma-
tive was necessary, while for other
purposes only majority of all the
votes cast for and against it at an cleo
| ton is sufficient.
"You will understand the embar-
rassment confronting board of can
vassers, either state or county, who
are required by law to canvass the
votes cast at an election on a question
requiring majority of all the qualified
| electors to determine, when t..,y have
no record at hand showing the num-
| Der of qualified electors in the district,
| county, or state, as the requirement
may demand. In fact there is no pro-
vision in our Code for the canvass of
vote on the questions named and
certainly the State Board of Canvas
sers could not determine whether a
| majority of the qualified electors in
| the state had voted in the affirmative
| or otherwise on any question requir-
ing such majority, without the
means of determining how many such
electors there are in the state.
with the foregoing in mind and
without intent to censure any person
for sins of omission or commission,
| place these defects in our statutes
before you, and most respectfully re-
quest that you report the same to the
governor as the constitution provides,
with such suggestions as you think
wise. in the matter of legislation need
ed 70 relieve Cur officers from their
present embarrassment. and make pos
sible government under the law.
Section /. Article Xxx. of the Cbn-
stitution provides a method for its
amendment as follows: Sec. 1, ANY
amendment or amendments to this
constitution may be proposed in either
branch of the legislature, and if the
same shall be agreed to by two-thirds
OF all the members of each of the two
houses, voting separately, such amend
ment or amendments shall, with the
yeas and nays thereon, be entered on
their journals, and it shall be the duty
OF the legislature to submit such
amendment or amendments to the
electors of the state, at the next gen
eral election, and cause the same to
be published without delay for at
least six consecutive weeks, prior to
said election in not less than one
newspaper of general circulation, pub
lished in each county; and if a major
ity OF the electors shall ratify the
same, such amendment or amend
ments shall become part of the con-
stitution.'
you will observe that it requires
only a majority of the electors to rat
ify an amendment, while to remove
county seat, as provided in Sec. II,
Article XVIII, it requires that two
thirds of the qualified electors of the
county, voting on the proposition at
a general election shall vote in favor
of such removal.
The second amendment to the Ida |
no constitution was known as the wo-
man suffrage amendment, and was
submitted to the electors at the gen.
eral election in November, 1896. but
failed to receive the endorsement of |
even majority of those who voted |
at that election, and certainly did not |
receive the support of majority of |
the electors. However, the returns |
from the various counties were even
tually assembled at the Capitol in
Boise, and placed before the State |
Canvassing Board, but that Board |
having no information as to the num-
Der of electors in the state could not |
decide the matter in favor of the
amendment having been adopted
hence the advocates of female suf
frage appealed to the Supreme Court
and that tribunal decided in sub
stance: that the sentence, IF ma
jority of the electors shall ratify the
same. such amendment or amend