Texas Constitution:Article V, Section 21: Difference between revisions

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Texas Constitution:Article V, Section 21 (view source)

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* ''Brady v. Brooks'', 89 S.W. 1052, [https://cite.case.law/pdf/2267640/Brady%20v.%20Brooks,%2099%20Tex.%20366%20(1905).pdf#page=13 1056] (Tex. 1905) ("To discover what was intended by section 21 of article 5, construed in the light of section 22 of article 4, we must look . . . . Is it reasonable to suppose that it was the purpose to entrust absolutely the important function of representing the state as an attorney in all cases in which the state should be a party to the numerous county attorneys or to the district attorneys, should the Legislature see fit to create that office for certain districts, elected, as the case might be, in their respective counties or districts, or to a general state officer, like the Attorney General, elected by the people of the whole state? To ask the question is to answer it.")
* ''Brady v. Brooks'', 89 S.W. 1052, [https://cite.case.law/pdf/2267640/Brady%20v.%20Brooks,%2099%20Tex.%20366%20(1905).pdf#page=13 1056] (Tex. 1905) ("To discover what was intended by section 21 of article 5, construed in the light of section 22 of article 4, we must look . . . . Is it reasonable to suppose that it was the purpose to entrust absolutely the important function of representing the state as an attorney in all cases in which the state should be a party to the numerous county attorneys or to the district attorneys, should the Legislature see fit to create that office for certain districts, elected, as the case might be, in their respective counties or districts, or to a general state officer, like the Attorney General, elected by the people of the whole state? To ask the question is to answer it.")


* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/57_Tex._307.pdf#page=6 312] (1882) ("[W]e have no doubt that the attorney general might prosecute, in connection with the proper district or county attorney, such suits as are therein provided for; such action upon his part, however, could not control the right of a county or district attorney to such fees as may be provided by law for such officers in such cases, nor deprive them of their freedom and independence of action as to method of managing and conducting the case, further than he may do so by advisory methods, unless the legislature has the power to impose upon him the powers which the constitution expressly confers upon county and district attorneys.")
* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/057_Tex_307.pdf#page=6 312] (1882) ("[W]e have no doubt that the attorney general might prosecute, in connection with the proper district or county attorney, such suits as are therein provided for; such action upon his part, however, could not control the right of a county or district attorney to such fees as may be provided by law for such officers in such cases, nor deprive them of their freedom and independence of action as to method of managing and conducting the case, further than he may do so by advisory methods, unless the legislature has the power to impose upon him the powers which the constitution expressly confers upon county and district attorneys.")


* ''Spencer v. Galveston County'', 56 Tex. 384, [https://cite.case.law/pdf/2179555/Spencer%20v.%20Galveston%20County,%2056%20Tex.%20384%20(1882).pdf#page=11 394] (1882) ("In reference to the administration of the criminal laws, the several district attorneys of the state have as full power as have county attorneys, and, by conferring upon them such powers, it is to be presumed that the legislature believed it was doing all that was necessary for the public good, and that in counties where there was a resident district attorney, such counties could manage such litigation as might arise, in reference to such matters as had not been confided to district attorneys, without the aid of a public officer to represent them as attorney, by . . . . With the policy of such a course the courts have no concern.")
* ''Spencer v. Galveston County'', 56 Tex. 384, [https://cite.case.law/pdf/2179555/Spencer%20v.%20Galveston%20County,%2056%20Tex.%20384%20(1882).pdf#page=11 394] (1882) ("In reference to the administration of the criminal laws, the several district attorneys of the state have as full power as have county attorneys, and, by conferring upon them such powers, it is to be presumed that the legislature believed it was doing all that was necessary for the public good, and that in counties where there was a resident district attorney, such counties could manage such litigation as might arise, in reference to such matters as had not been confided to district attorneys, without the aid of a public officer to represent them as attorney, by . . . . With the policy of such a course the courts have no concern.")
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