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SMITH v. CENARRUSA

No. 10724.

475 P.2d 11 (1970)

93 Idaho 818

Raymon L. SMITH, on behalf of himself and all other taxpayers of the State of Idaho, Plaintiff-Respondent, v. Pete T. CENARRUSA, as Secretary of State, Defendant-Appellant.

Supreme Court of Idaho.

Dissenting Opinion October 5, 1970.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen., and Howard F. Manly, Special Asst. Atty. Gen., Boise, for defendant-appellant.

Iver J. Longeteig, of Ambrose, Fitzgerald & Longeteig, Meridian, for plaintiff-respondent.

Samuel Kaufman, of Anderson, Kaufman, Anderson & Ringert, Boise, for Citizens for the Protection of Idaho's Constitution, amicus curiae.

Raymond L. Givens, Carl P. Burke, Boise, Eugene L. Bush, Idaho Falls, Douglas D. Kramer, Twin Falls, Russell Randall, Lewiston, Perce E. Hall, Robert M. Rowett, Mountain Home, James E. Schiller, Nampa, E.B. Smith, Boise, Robert C. Strom, Craigmont, and Lloyd J. Webb, Twin Falls, amici curiae.

SHEPARD, Justice.

The facts in this case are not disputed. We are asked to determine whether the method prescribed in our constitution for revision of the constitution is the sole and exclusive method. In actuality what we are being asked to consider and rule upon is the procedure for the adoption of a new constitution. Senate Joint Resolution 122 of the 1970 session of the Idaho Legislature prescribes a technique for revising the constitution of the state of Idaho...

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