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court of appeals ex parte wilson 1883 | court of appeals ex parte wilson 1883 | ||
In answer to this provision we call attention to the language of | |||
the first paragraph of Sec. 56. It is in these words : "The Legislature shall not, except as otherwise provided in this constitution, pass | |||
any local or special law" upon the subject therein prohibited- Now, | |||
in Sec. 5 of Art. II of the constitution it is provided that, "cities | |||
having more than ten thousand inhabitants, may have their charters | |||
granted or amended by special act of the Legislature," etc. This | |||
provision is of equal and binding force with Sec. 56 of Art. III; they | |||
are both parts of the constitution; are not inconsistent, but entirely | |||
harmonious, and capable of being construed together, because Sec. | |||
56 provides that where the constitution itself prescribes a different | |||
rule from the one therein provided, its provisions shall not control to | |||
prevent the passage by special law of any act of the Legislature | |||
with regard to any of the subjects therein mentioned. The constitution does "otherwise provide" with regard to the charter of cities | |||
having more than ten thousand inhabitants, and we presume that the | |||
452 EX PARTE WILSON. | |||
Legislature was satisfied of the fact that the city of Dallas had the | |||
requisite population, or it would not have passed the special law | |||
amending the city charter. In our opinion, the constitutional objection to the amended charter is not tenable. | |||
But it is urged against the ordinance under whi |