Texas Constitution:Article III, Section 1: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 45: Line 45:
* ''Eucaline Medicine Co. v. Standard Inv. Co.'', 25 S.W.2d 259, [https://texaslegalguide.com/images/025_SW2_259.pdf#page=5 263] (Tex.Civ.App.–Dallas 1930, ref'd) ("The American concept of constitutional government is that originally all legislative powers resided in the people, that certain of these powers were surrendered to the national government, and those not surrendered were reserved, and have been committed by the people of the states to their State Legislatures under certain limitations and restrictions. It follows therefore that the Legislature of a state in enacting statutes may exercise all the reserve powers of the people, except as expressly or impliedly limited in the Constitution.")
* ''Eucaline Medicine Co. v. Standard Inv. Co.'', 25 S.W.2d 259, [https://texaslegalguide.com/images/025_SW2_259.pdf#page=5 263] (Tex.Civ.App.–Dallas 1930, ref'd) ("The American concept of constitutional government is that originally all legislative powers resided in the people, that certain of these powers were surrendered to the national government, and those not surrendered were reserved, and have been committed by the people of the states to their State Legislatures under certain limitations and restrictions. It follows therefore that the Legislature of a state in enacting statutes may exercise all the reserve powers of the people, except as expressly or impliedly limited in the Constitution.")


* ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/Vol_247_SWR_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.")
* ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/247_SW_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.")


* ''Ex parte Leslie'', 223 S.W. 227, [https://texaslegalguide.com/images/Vol_223_SWR_227.pdf#page=3 229] (Tex.Crim.App. 1920) ("The law being silent upon this subject, the relator cannot be punished for refusing to obey the command of the commission or its agents. Power cannot be conferred upon them to make an offense. Jannin v. State, 42 Tex. Cr. R. 631, 51 S.W. 1126, 62 S.W. 419, 53 L. R. A. 349 . . . . The rules proclaimed cannot be enforced, for the reason that an attempt is made to delegate to the inspectors the discretion conferred by the Legislature upon the commission, and by reason of the attempt to give a power of discrimination which could not be exercised by the commission or the Legislature.")
* ''Ex parte Leslie'', 223 S.W. 227, [https://texaslegalguide.com/images/Vol_223_SWR_227.pdf#page=3 229] (Tex.Crim.App. 1920) ("The law being silent upon this subject, the relator cannot be punished for refusing to obey the command of the commission or its agents. Power cannot be conferred upon them to make an offense. Jannin v. State, 42 Tex. Cr. R. 631, 51 S.W. 1126, 62 S.W. 419, 53 L. R. A. 349 . . . . The rules proclaimed cannot be enforced, for the reason that an attempt is made to delegate to the inspectors the discretion conferred by the Legislature upon the commission, and by reason of the attempt to give a power of discrimination which could not be exercised by the commission or the Legislature.")