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Texas Constitution:Article III, Section 1 (view source)
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* ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/247_SW_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.") | * ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/247_SW_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.") | ||
* ''Ex parte Leslie'', 223 S.W. 227, [https://texaslegalguide.com/images/ | * ''Ex parte Leslie'', 223 S.W. 227, [https://texaslegalguide.com/images/223_SW_227.pdf#page=3 229] (Tex.Crim.App. 1920) ("The law being silent upon this subject, the relator cannot be punished for refusing to obey the command of the commission or its agents. Power cannot be conferred upon them to make an offense. Jannin v. State, 42 Tex. Cr. R. 631, 51 S.W. 1126, 62 S.W. 419, 53 L. R. A. 349 . . . . The rules proclaimed cannot be enforced, for the reason that an attempt is made to delegate to the inspectors the discretion conferred by the Legislature upon the commission, and by reason of the attempt to give a power of discrimination which could not be exercised by the commission or the Legislature.") | ||
* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/Vol_026_SWR_982.pdf#page=3 984-85] (Tex. 1894) ("If it be conceded that the 12 per cent. is a penalty for a failure to pay when due, then the question arises, by what provision of our constitution is such legislation forbidden, and who will determine as to when the public is so interested in the enforcement of contracts as to justify the legislature in enforcing their performance by penalties? There is no clause of our state constitution which expressly or by implication prohibits the act. . . . The article is not in conflict with the constitution of the United States or of the state of Texas, and is valid.") | * ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/Vol_026_SWR_982.pdf#page=3 984-85] (Tex. 1894) ("If it be conceded that the 12 per cent. is a penalty for a failure to pay when due, then the question arises, by what provision of our constitution is such legislation forbidden, and who will determine as to when the public is so interested in the enforcement of contracts as to justify the legislature in enforcing their performance by penalties? There is no clause of our state constitution which expressly or by implication prohibits the act. . . . The article is not in conflict with the constitution of the United States or of the state of Texas, and is valid.") | ||