1. CONSTITUTIONAL LAW — Amendment of Constitution — Submission to Popular Vote. Where a proposition submitted to the people to amend the Constitution in fact contains two separate and distinct propositions — one for the amendment of the Constitution, and the other for the approval or rejection of an act or a certain portion thereof, or the repeal of the same — the two propositions cannot be united in the submission so as to have one expression of the voter answer both propositions, as voters thereby might be induced to vote for both propositions who would not have done so if the questions had been submitted singly.
1a. SAME — State Agency — Enforcing Act. While a proposition to amend the prohibition article of the Constitution relating to the state agency, so as to extend it to towns within this state of 1,000 population or more, or one such agency at any other place within this state where the public necessity exists therefor, to be determined by the superintendent with the approval of the Governor, and a proposition for the approval or rejection or repeal of article 1 of the enforcing act (Laws 1907-08, p. 594, c. 69) may be submitted at the same election, the two cannot be united in one proposition so as to have one expression of the voter answer both propositions.
(Syllabus by the Court.)
WILLIAMS, J. (after stating the facts as above).
The question involved in this record is identical with that in the case of Lozier, Superintendent of the State Agency, etc., Plaintiff in Error, v. Alexander Drug Company, Defendant in Error (No. 541, recently decided by this court), ante, p. 1, 99 P. 808.
Upon the authority of that case, the judgment of the lower court is affirmed.
All the Justices concur.