Texas Constitution:Article I, Section 19: Difference between revisions

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Texas Constitution:Article I, Section 19 (view source)

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* ''Armstrong v. Traylor'', 30 S.W. 440, [https://texaslegalguide.com/images/Vol_030_SWR_440.pdf#page=2 441] (Tex. 1895) ("Under the provisions of these articles, the interested party is authorized to determine the question of a trespass having been committed by the stock. It is not provided that this question shall be inquired into by any other person or officer. . . . There is no hearing, no inquiry, and no trial before judgment; no officer to sell the property, nor process under which sale is to be made; nothing that bears the faintest resemblance to a judicial proceeding. Such a law affords no security to the owner of the stock. It is not due process of law, and the property is not sold 'by the due course of the law of the land.'")
* ''Armstrong v. Traylor'', 30 S.W. 440, [https://texaslegalguide.com/images/Vol_030_SWR_440.pdf#page=2 441] (Tex. 1895) ("Under the provisions of these articles, the interested party is authorized to determine the question of a trespass having been committed by the stock. It is not provided that this question shall be inquired into by any other person or officer. . . . There is no hearing, no inquiry, and no trial before judgment; no officer to sell the property, nor process under which sale is to be made; nothing that bears the faintest resemblance to a judicial proceeding. Such a law affords no security to the owner of the stock. It is not due process of law, and the property is not sold 'by the due course of the law of the land.'")


* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/Vol_026_SWR_982.pdf#page=3 984] (Tex. 1894) ("Mr. Cooley, in his work on Constitutional Limitations, adopts, as the best definition, that given by Mr. Webster in the Dartmouth College Case, of the term 'due course of the law of the land,' which is: 'By the 'law of the land' is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.' A law which is enacted by the legislature in the exercise of its constitutional powers, and which affords a hearing before it condemns, and renders judgment after trial, is not in violation of this provision of the constitution.")
* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/026_SW_982.pdf#page=3 984] (Tex. 1894) ("Mr. Cooley, in his work on Constitutional Limitations, adopts, as the best definition, that given by Mr. Webster in the Dartmouth College Case, of the term 'due course of the law of the land,' which is: 'By the 'law of the land' is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.' A law which is enacted by the legislature in the exercise of its constitutional powers, and which affords a hearing before it condemns, and renders judgment after trial, is not in violation of this provision of the constitution.")


* ''Mellinger v. City of Houston'', 3 S.W. 249, [https://texaslegalguide.com/images/003_SW_249.pdf#page=5 253] (Tex. 1887) ("[I]t must be held that the people intended, by [Article I, Section 19], in so far as it is identical with the fourteenth amendment, to place thereby just such restrictions on the powers of the legislature as the highest court in the nation has declared is the true construction of like language made a part of the constitution of the United States for the purpose of placing a limitation on the power of the legislatures of the several states. As construed, that section of the constitution only forbids the making of laws retroactive in effect, whereby title to property which had vested under former laws would be divested.")
* ''Mellinger v. City of Houston'', 3 S.W. 249, [https://texaslegalguide.com/images/003_SW_249.pdf#page=5 253] (Tex. 1887) ("[I]t must be held that the people intended, by [Article I, Section 19], in so far as it is identical with the fourteenth amendment, to place thereby just such restrictions on the powers of the legislature as the highest court in the nation has declared is the true construction of like language made a part of the constitution of the United States for the purpose of placing a limitation on the power of the legislatures of the several states. As construed, that section of the constitution only forbids the making of laws retroactive in effect, whereby title to property which had vested under former laws would be divested.")
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