Texas Constitution:Article I, Section 26: Difference between revisions

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Texas Constitution:Article I, Section 26 (view source)

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* ''Ennis Waterworks v. City of Ennis'', 144 S.W. 930, [https://texaslegalguide.com/images/Vol_144_SWR_930.pdf#page=5 934] (Tex. 1912) ("To such an extent has [''City of Brenham v. Brenham Water Co.''] been cited, discussed, and approved, not only in relation to the general principles of law announced against monopolies and perpetuities, but as to the legal effect to be given the language in which the contract is couched, that we are not willing to say the interpretation there given the language granting the right and privilege for a great length of time to furnish and supply the city and its inhabitants with water has not become, at least in this jurisdiction, a rule of construction worthy to be observed and adhered to.")
* ''Ennis Waterworks v. City of Ennis'', 144 S.W. 930, [https://texaslegalguide.com/images/Vol_144_SWR_930.pdf#page=5 934] (Tex. 1912) ("To such an extent has [''City of Brenham v. Brenham Water Co.''] been cited, discussed, and approved, not only in relation to the general principles of law announced against monopolies and perpetuities, but as to the legal effect to be given the language in which the contract is couched, that we are not willing to say the interpretation there given the language granting the right and privilege for a great length of time to furnish and supply the city and its inhabitants with water has not become, at least in this jurisdiction, a rule of construction worthy to be observed and adhered to.")


* ''City of Brenham v. Brenham Water Co.'', 4 S.W. 143, [https://texaslegalguide.com/images/Vol_004_SWR_143.pdf#page=13 155-56] (Tex. 1887) ("It will not do to say that an exclusive right in a municipal corporation to operate water or gas works stands upon the same ground as does such exclusive right held by a private corporation or an individual. . . . The correction of abuses in its management, whereby oppression may be avoided, is in the hands of the people; while, on the other hand, such works are operated for private gain, with every incentive to oppression, without power, in those to be affected, to relieve themselves from it. In the one case the exclusive right may create a monopoly, and in the other not.")
* ''City of Brenham v. Brenham Water Co.'', 4 S.W. 143, [https://texaslegalguide.com/images/004_SW_143.pdf#page=13 155-56] (Tex. 1887) ("It will not do to say that an exclusive right in a municipal corporation to operate water or gas works stands upon the same ground as does such exclusive right held by a private corporation or an individual. . . . The correction of abuses in its management, whereby oppression may be avoided, is in the hands of the people; while, on the other hand, such works are operated for private gain, with every incentive to oppression, without power, in those to be affected, to relieve themselves from it. In the one case the exclusive right may create a monopoly, and in the other not.")


* ''Macdonell v. I. & G. N. R'y Co.'', 60 Tex. 590, [https://texaslegalguide.com/images/060_Tex_590.pdf#page=7 596-97] (1884) ("A very essential element to constitute a monopoly is an exclusive right or privilege conferred on one person or association of persons by which they have the sole authority to pursue a given business. The averments of the petition not showing that the contract in question conferred any such exclusive right, it is not necessary further to inquire how far and what kind of exclusive privileges may be conferred without coming within the prohibition contained in sec. 26 of the Bill of Rights. For the error of the court in sustaining the demurrer to the petition the judgment is reversed and the cause remanded.")
* ''Macdonell v. I. & G. N. R'y Co.'', 60 Tex. 590, [https://texaslegalguide.com/images/060_Tex_590.pdf#page=7 596-97] (1884) ("A very essential element to constitute a monopoly is an exclusive right or privilege conferred on one person or association of persons by which they have the sole authority to pursue a given business. The averments of the petition not showing that the contract in question conferred any such exclusive right, it is not necessary further to inquire how far and what kind of exclusive privileges may be conferred without coming within the prohibition contained in sec. 26 of the Bill of Rights. For the error of the court in sustaining the demurrer to the petition the judgment is reversed and the cause remanded.")
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