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Texas Constitution:Article I, Section 3: Difference between revisions

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Texas Constitution:Article I, Section 3 (view source)

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* ''Mumme v. Marrs'', 40 S.W.2d 31, [https://texaslegalguide.com/images/040_SW2_31.pdf#page=6 36] (Tex. 1931) ("[L]egislation is not open to objection if all who are brought under its influence are treated alike in the same circumstances. 9 Texas Jurisprudence, p. 553, § 117. In the very nature of society, with its manifold occupations and contacts, the Legislature must have, and clearly does have, authority to classify subjects of legislation, and, when the classification is reasonable—that is, based upon some real difference existing in the subject of the enactment—and the law applies uniformly to those who are within the particular class, the act is not open to constitutional objection. 9 Texas Jurisprudence, p. 555, § 119, p. 558, § 120, p. 561, § 121.")
* ''Mumme v. Marrs'', 40 S.W.2d 31, [https://texaslegalguide.com/images/040_SW2_31.pdf#page=6 36] (Tex. 1931) ("[L]egislation is not open to objection if all who are brought under its influence are treated alike in the same circumstances. 9 Texas Jurisprudence, p. 553, § 117. In the very nature of society, with its manifold occupations and contacts, the Legislature must have, and clearly does have, authority to classify subjects of legislation, and, when the classification is reasonable—that is, based upon some real difference existing in the subject of the enactment—and the law applies uniformly to those who are within the particular class, the act is not open to constitutional objection. 9 Texas Jurisprudence, p. 555, § 119, p. 558, § 120, p. 561, § 121.")


* ''Glasgow v. Terrell'', 102 S.W. 98, [https://texaslegalguide.com/images/Vol_102_SWR_98.pdf#page=2 99] (Tex. 1907) ("Every state has of necessity dual functions to perform—first, its political functions, which affect the public; second, its private functions, such as the acquisition of private property and the disposition of property already acquired. The latter are not in our opinion affected by the provision of the Constitution in question. It was so held in the case of ''Williams v. Cammack'', 27 Miss. 209, 61 Am. Dec. 508, in which a provision of the Constitution of Mississippi couched in substantially the same language was in question. . . . We have found no other case in which the words 'public emoluments and privileges' have been construed.")
* ''Glasgow v. Terrell'', 102 S.W. 98, [https://texaslegalguide.com/images/102_SW_98.pdf#page=2 99] (Tex. 1907) ("Every state has of necessity dual functions to perform—first, its political functions, which affect the public; second, its private functions, such as the acquisition of private property and the disposition of property already acquired. The latter are not in our opinion affected by the provision of the Constitution in question. It was so held in the case of ''Williams v. Cammack'', 27 Miss. 209, 61 Am. Dec. 508, in which a provision of the Constitution of Mississippi couched in substantially the same language was in question. . . . We have found no other case in which the words 'public emoluments and privileges' have been construed.")


* ''Gustafson v. State'', 48 S.W. 518, [https://texaslegalguide.com/images/Vol_048_SWR_518.pdf#page=2 519] (Tex.Crim.App. 1898) ("Our constitution provides (section 3, art. 1): . . . . Mr. Cooley says on this subject (Cooley, Const. Lim. 485): 'Equality of rights, privileges, and capacities unquestionably should be the aim of the law; and if special privileges are granted or special burdens or restrictions imposed, in any case, it must be presumed that the legislature designed to depart as little as possible from this fundamental maxim of government. The state, it is to be presumed, has no favors to bestow, and designs to inflict no arbitrary deprivation of rights. Special privileges are always obnoxious, and discrimination against persons or classes is still more so.'")
* ''Gustafson v. State'', 48 S.W. 518, [https://texaslegalguide.com/images/Vol_048_SWR_518.pdf#page=2 519] (Tex.Crim.App. 1898) ("Our constitution provides (section 3, art. 1): . . . . Mr. Cooley says on this subject (Cooley, Const. Lim. 485): 'Equality of rights, privileges, and capacities unquestionably should be the aim of the law; and if special privileges are granted or special burdens or restrictions imposed, in any case, it must be presumed that the legislature designed to depart as little as possible from this fundamental maxim of government. The state, it is to be presumed, has no favors to bestow, and designs to inflict no arbitrary deprivation of rights. Special privileges are always obnoxious, and discrimination against persons or classes is still more so.'")
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