McBee v. Brady
Idaho Supreme Court
An original proceeding brought in this court to test the question as to whether an amendment to the constitution has been regularly adopted and become a part of such constitution. Courts have nothing to do with the justice, wisdom, policy or expediency of a law. These are matters purely of a legislative deliberation and cognizance. (10 Am.
Read the full summary
An original proceeding brought in this court to test the question as to whether an amendment to the constitution has been regularly adopted and become a part of such constitution. Courts have nothing to do with the justice, wisdom, policy or expediency of a law. These are matters purely of a legislative deliberation and cognizance. (10 Am. Digest, Cent, ed., p. 1426, and cases cited.) The established canons of construction applicable to statutes apply as well to constitutions. (10 Am. Digest, Cent, ed., p. 1223, and cases cited; People v. Potter, 47 N. Y. 375; 8 Cyc. 729.) If, in construing a…
1Opinion of the CourtStewart, J.
This is an original proceeding brought in this court for mandamus to compel the governor of this state to call an election in accordance with the provisions of a constitutional amendment adopted by the voters of this state at the general election held on November 3,1908. The real question involved is: Was such amendment proposed, submitted and adopted according to the provisions of the constitution of this state? The amendment is very lengthy, and consists in repealing sees. 11 and 21 of art. 5 of the constitution and in amending secs. 2, 17, 20 and 24, art. 5, and sec. 6, art. 18 of the…
Also in this document: Concurrence.
2Cases cited20 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Green v. WellerMississippi Supreme Court · 1856
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Livermore v. WaiteCalifornia Supreme Court · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Kerby v. LuhrsArizona Supreme Court · 1934
- Keenan v. PriceIdaho Supreme Court · 1948
- Ellingham v. DyeIndiana Supreme Court · 1912
- Gottstein v. ListerWashington Supreme Court · 1915
- Graham v. JonesSupreme Court of Louisiana · 1941
49 more not listed; retrieve them via the Exa API.