specially concurring in the Order Denying the Writ of Prohibition.
The dissent to the order denying the Writ of Prohibition nullifies the right of the people to exercise their franchise which is to vote so as to express their views on the lottery issue. Any conflict between the initiative and the constitution has no bearing on the right of the people to enact it. Iman v. Bolin, 98 Ariz. 358, 404 P.2d 705, 709, (1965), citing State v. Osborn, 16 Ariz. 247, 143 P. 117, (1914).
Petitioners’ action attacking the constitutionality of the proposed initiative is premature and presents no justiciable controversy at this time. For this Court to act, “[there] must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.” Harris v. Cassia County, 106 Idaho 513, 516, 681 P.2d 988, 991 (1984), quoting Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 57 S.Ct. 461, 81 L.Ed. 617 (1937). Only if the lottery initia*503tive passes, will its subject matter then become subject to constitutional challenge. Oregon Education Ass’n. v. Paulus, 78 Or.App. 32, 714 P.2d 1060 (1986); Union Electric Co. v. Kirkpatrick, (Mo.1984), 678 S.W.2d 402; State ex rel. Walter v. Edgar, 13 Ohio St.3d 1, 469 N.E.2d 842 (1984); McKee v. City of Louisville, 200 Colo. 525, 616 P.2d 969 (1980). Until this future event occurs, we cannot do what petitioners ask of us.
It is true that this Court entertained a pre-election review of an initiative in Gumprecht v. City of Coeur d’Alene, 104 Idaho 615, 661 P.2d 1214 (1983). However, we held only that an initiative election was an improper method to amend or enact zoning ordinances because the legislature had statutorily prescribed exclusive zoning procedures, and an initiative election was not one of those statutorily authorized procedures. More importantly, we specifically refrained from addressing or deciding the substantive validity of the proposed initiative. Id. footnote 1 at 616, 661 P.2d at 1215. Here, it has been determined that the Secretary of State has complied with all the requirements of preparing the initiative for placement on the ballot. Furthermore, as in Gumprecht, we do not address the substantive validity of the proposed initiative.
If the voters at the election defeat the lottery, then the state will know what a majority of the voters of Idaho want. If the lottery passes, then the legislators who represent the people will know what the peoples’ wishes are and can act in a constitutional manner to amend the constitution so as to carry out those wishes.
At this time any action by the Court is premature, ignores the Doctrine of Separation of Powers, and thwarts and interferes with the peoples’ right to exercise their franchise which is the most fundamental and cherished right of the people. This attempted interference is what I refuse to take part in, and I strongly disagree with any attempt to interfere.