I concur with the prevailing opinion but wish to call attention to the fact that the divergent opinions result from the difference in the approach to the problem. The prevailing opinion holds the Governor presented to the Legislature the problem of financing the additional school funds. The dissenting opinion contends that the Governor did not present to the Legislature the problem of financing these additional school funds by an increase of state levied taxes. Since the two opinions are discussing different subjects, it is not surprising that they end up with different conclusions. It would be almost impossible to call a special session to provide additional funds for the schools without presenting to the Legislature the problem of financing such project. Undoubtedly, the Governor intended to exclude from the consideration of the Legislature the levy of an additional tax on cigarettes by the state, but he proposed instead to borrow some of this additional fund from other departments of the state, and an additional local school district levy together with other methods of providing these funds.
Clearly it is the prerogative of the Governor to call special sessions of the Legislature and he can limit the problems which they may consider but he cannot limit them to the adoption only of his proposed solutions of such problems. If he possessed such power then he could legislate with the consent of the legislative bodies and they would be powerless to initiate any-' thing contrary to his proposals. It is clear that the Governor did not intend to suggest this increased cigarette tax; he expressly stated that such was not his purpose. However, he did propose various other methods of raising these additional school funds. By such proposals he submitted to the Legislature the problem of financing the required additional school funds. Having submitted that problem to the Legislature he cannot limit the means or method by which it accomplishes that purpose or solves that problem. If he could do that, it would amount to legislation by the Governor with the consent of the Legislature.