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Texas Constitution:Article I, Section 26 (view source)
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The Declaration of Rights in the Republic of Texas constitution (1836) and the Bill of Rights in each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this section. | The Declaration of Rights in the Republic of Texas constitution (1836) and the Bill of Rights in each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this section. | ||
Note that only a few other states have a similar provision in their constitutions. Cf. ''City of Memphis v. Memphis Water Co.'', 52 Tenn. 495, [https://texaslegalguide.com/images/ | Note that only a few other states have a similar provision in their constitutions. Cf. ''City of Memphis v. Memphis Water Co.'', 52 Tenn. 495, [https://texaslegalguide.com/images/Tenn_495.pdf#page=35 529] (1871) ("We know of no better definition of a monopoly, than that given by Lord Coke, . . ."). | ||
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* ''Brooker v. Brooker'', 106 S.W.2d 247, [https://texaslegalguide.com/images/ | * ''Brooker v. Brooker'', 106 S.W.2d 247, [https://texaslegalguide.com/images/106_SW2_247.pdf#page=8 254] (Tex. 1937) ("Construed as above, we are further compelled to the conclusion that this will, as regards the trust estate, attempts to create a perpetuity in violation and contravention of section 26 of article 1 of our State Constitution. . . . According to our authorities, and also according to the authorities generally, the rule against perpetuities, as contained in the above constitutional provision, is that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the time of the creation of the interest, and in some instances the period of gestation will be added.") | ||
* ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_SW2_1007.pdf#page=4 1010] (Tex. 1934) ("Could we say that, although section 26 of the Bill of Rights declares that monopolies shall never be allowed, yet, because of emergency conditions, the Legislature could pass laws for the purpose of allowing monopolies? Could we say that, although section 15 of the Bill of Rights declares that 'The right of trial by jury shall remain inviolate,' yet, because of emergency crime conditions, the Legislature, to preserve order and protect life and property, etc., would have the authority under the police power to suspend . . . . Obviously all these questions must be answered in the negative.") | * ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_SW2_1007.pdf#page=4 1010] (Tex. 1934) ("Could we say that, although section 26 of the Bill of Rights declares that monopolies shall never be allowed, yet, because of emergency conditions, the Legislature could pass laws for the purpose of allowing monopolies? Could we say that, although section 15 of the Bill of Rights declares that 'The right of trial by jury shall remain inviolate,' yet, because of emergency crime conditions, the Legislature, to preserve order and protect life and property, etc., would have the authority under the police power to suspend . . . . Obviously all these questions must be answered in the negative.") | ||