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

From TLG
Jump to navigation Jump to search
No edit summary
No edit summary
Tag: Replaced
 
(458 intermediate revisions by 2 users not shown)
Line 1: Line 1:
{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.
{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.
==add ?==
State v. McDonald, 220 S.W.2d 732, 732 (Tex.Civ.App.-Texarkana 1949, writ refused)
Thomas, Interpretative Commentary, I TEX. CONST. art. III, § 56 (1955)
Volume 25 American Jurisprudence (first ed.) Special Legislation 317
City and County Home Rule in Texas John Pirie Keith 1951
Morrison v. Bachert, 112 Pa. 322, 328 (purpose of restriction)
Ayars' App., 122 Pa. 266, 277 !!!!!
Colley v. Jasper County, 337 Mo. 503, 85 SW2d 57
Owen v. Baer (1899) 154 Mo. 434, 479-493, 55 S.W. 644, 657-661
https://cite.case.law/pdf/967955/Owen%20v.%20Baer,%20154%20Mo.%20434%20(1900).pdf
==reviewed==
x Langdeau v. Bouknight, 162 Tex. 42, 344 S.W.2d 435 (1961)
x Rios v. State, 162 Tex.Crim. 609, 288 S.W.2d 77 (1955)
x Atwood v. Willacy Co. ND, 284 S.W.2d 275 (TCA 1955 nre)
x San Antonio v. State, 270 S.W.2d 460 (TCA 1954 refd)
x King v. Sheppard, 157 S.W.2d 682 (TCA 1941 refwm)
x Womack v. Carson, 123 Tex. 260, 65 S.W.2d 485 (1933)
x Stephensen v. Wood, 119 Tex. 564, 34 S.W.2d 246 (1931)
x Urban v. Harris County, 251 S.W. 594 (TCA 1923 refd)
x Reed v. Rogan, 94 Tex. 177, 59 S.W. 255 (1900)
== true ==
The prohibition against special legislation will be practically a dead letter. As it is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and if there is no constitutional constraint, it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill.
all counties where the same circumstances exist must have the same form of government
so that a law for one class can reasonably be
expected to work equally well for every member of the
class ; while, if it works ill, it is almost certain to do so in
every case, and that for some cause which lies deeper than
the mere fact that the law is general. The number of
places necessarily affected by a law prevents, moreover, the
enactment of laws designed in the interest of one place
only. If such a law be against the interest of the other
communities affected by it, they will oppose its passage, and
thus the unfair grant of special privileges will be prevented
almost every local law affects people residing outside the locality, the
distinction between general and local laws would seem,
under the doctrine of these cases, to be very indefinite.
there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and that Art. 1266, based upon such relationship, is a valid statute

Latest revision as of 18:53, September 30, 2023

This page is available for comment and discussion regarding the page Article III, Section 56 of the Texas Constitution.