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Texas Constitution:Article III, Section 56: Difference between revisions

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Texas Constitution:Article III, Section 56 (view source)

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* ''Clark v. Finley'', 54 S.W. 343, [https://texaslegalguide.com/images/054_SW_343.pdf#page=3 345] (Tex. 1899) ("Indeed, it is perhaps the exception when a statute is found which applies to every person or thing alike. . . . The tendency of the recent decisions upon the subject, as it seems to us, is to drift into refinements that are rather more specious than profitable. It is said in some of the cases that the classification must be reasonable; in others, that it must not be unreasonable or arbitrary, etc. If it is meant by this that the legislature cannot evade the prohibition of the constitution as to special laws by making a law applicable to a pretended class, which is, in fact, no class, we concur in the proposition.")
* ''Clark v. Finley'', 54 S.W. 343, [https://texaslegalguide.com/images/054_SW_343.pdf#page=3 345] (Tex. 1899) ("Indeed, it is perhaps the exception when a statute is found which applies to every person or thing alike. . . . The tendency of the recent decisions upon the subject, as it seems to us, is to drift into refinements that are rather more specious than profitable. It is said in some of the cases that the classification must be reasonable; in others, that it must not be unreasonable or arbitrary, etc. If it is meant by this that the legislature cannot evade the prohibition of the constitution as to special laws by making a law applicable to a pretended class, which is, in fact, no class, we concur in the proposition.")


* ''City of Dallas v. Western Electric Co.'', 18 S.W. 552, [https://texaslegalguide.com/images/018_SW_552.pdf#page=2 553] (Tex. 1892) ("If these provisions were the only ones found in the constitution relating to the subject, it would be clear that the clause of the charter now in question is forbidden. Another provision of the same section denies to the legislature the power to pass a local or special law "incorporating cities, towns, or villages, or changing their charters." But by section 5 of article 11 it is otherwise provided that "cities having more than ten thousand inhabitants may have their charters granted or amended by special act of the legislature." It cannot be plausibly contended that the right to give such cities special charters is in subordination to the requirement quoted from article 3, that no special law shall be enacted "where a general law can be made applicable;" so that such special charter, when given, shall not contain any provision that would be applicable to all such cities found in the state. The prohibitions, limitations, and requirements contained in section 56 of article 3 of the constitution are intended to operate on such subjects as are embraced alone by that section, and not upon such as are excepted from it. It is the purpose of the constitution that the grant of power in the charter of a city having more than 10,000 inhabitants shall be complete without reference to any other law, notwithstanding it would be easy to provide for the exercise of the greater number of the privileges granted to such cities by a general law applicable alike to all of them. While there are limitations and restrictions upon the right to grant such charters, they are not to be sought for in section 56 of article 3 of the constitution. If provisions found in the charters of cities containing over 10,000 inhabitants are subject to no other objection than that they are local or special, and such as could be provided for by a general law, they must stand because they are permitted by section 5 of article 11, and therefore expressly excepted from the operation of section 56 of article 3. If the privileges and powers contained in such charters are such as can be given to cities by either general or special legislation, they must be respected.")
* ''City of Dallas v. Western Electric Co.'', 18 S.W. 552, [https://texaslegalguide.com/images/018_SW_552.pdf#page=2 553] (Tex. 1892) ("The prohibitions, limitations, and requirements contained in section 56 of article 3 of the constitution are intended to operate on such subjects as are embraced alone by that section, and not upon such as are excepted from it. . . . If provisions found in the charters of cities containing over 10,000 inhabitants are subject to no other objection than that they are local or special, and such as could be provided for by a general law, they must stand because they are permitted by section 5 of article 11, and therefore expressly excepted from the operation of section 56 of article 3. If the privileges and powers contained in such charters are such as can be given to cities by either general or special legislation, they must be respected.")


* ''Lytle v. Halff'', 12 S.W. 610, [https://texaslegalguide.com/images/012_SW_610.pdf#page=5 614] (Tex. 1889) ("Every law fixing the territory which shall constitute a judicial district is necessarily local in its character, but the power of the legislature to do this is expressly recognized. The creation of two judicial districts in a county operates no further towards the regulation of the affairs of the county than does the establishment of one, and it seems to us that the act in question is not within the meaning of the constitution on regulating the affairs of a county; for that paragraph of the section referred to has application to such affairs as are common to all the subdivisions of the state referred to in it.")
* ''Lytle v. Halff'', 12 S.W. 610, [https://texaslegalguide.com/images/012_SW_610.pdf#page=5 614] (Tex. 1889) ("Every law fixing the territory which shall constitute a judicial district is necessarily local in its character, but the power of the legislature to do this is expressly recognized. The creation of two judicial districts in a county operates no further towards the regulation of the affairs of the county than does the establishment of one, and it seems to us that the act in question is not within the meaning of the constitution on regulating the affairs of a county; for that paragraph of the section referred to has application to such affairs as are common to all the subdivisions of the state referred to in it.")
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