Texas Constitution:Article III, Section 44: Difference between revisions

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* ''Rhoads Drilling Co. v. Allred'', 70 S.W.2d 576, [https://texaslegalguide.com/images/070_SW2_576.pdf#page=8 583] (Tex. 1934) ("Since none of the sections of the Constitution which have been cited forbids, either in terms or by necessary or reasonable implication, the changing or modifying of contracts with the state so as to reduce for a consideration executory obligations to the state, and since the decisions which have been discussed construe these sections of the Constitution as forbidding gifts, gratuities, or bounties, or the gratuitous releasing or extinguishing of obligations, [] chapter 120 in its necessary effect and operation as determined from its terms, is not unconstitutional.")
* ''Rhoads Drilling Co. v. Allred'', 70 S.W.2d 576, [https://texaslegalguide.com/images/070_SW2_576.pdf#page=8 583] (Tex. 1934) ("Since none of the sections of the Constitution which have been cited forbids, either in terms or by necessary or reasonable implication, the changing or modifying of contracts with the state so as to reduce for a consideration executory obligations to the state, and since the decisions which have been discussed construe these sections of the Constitution as forbidding gifts, gratuities, or bounties, or the gratuitous releasing or extinguishing of obligations, [] chapter 120 in its necessary effect and operation as determined from its terms, is not unconstitutional.")


* ''State v. Wilson'', 9 S.W. 155, [https://texaslegalguide.com/images/Vol_009_SWR_155.pdf#page=3 157] (Tex. 1888) ("The contractors, in this case, have suffered a misfortune in common with numerous other creditors of the state, who, during the years of a depleted treasury, were forced to place their warrants upon the market, and sell them at the best price that could be obtained. . . . Its warrants having been paid, [the state's] legal liability no longer exists. There is testimony to the effect that the governor of the state at the time of the transactions in question told the contractors to look to the state for the difference; but, it is too clear for argument that he had no power to bind the state in such a manner.")
* ''State v. Wilson'', 9 S.W. 155, [https://texaslegalguide.com/images/009_SW_155.pdf#page=3 157] (Tex. 1888) ("The contractors, in this case, have suffered a misfortune in common with numerous other creditors of the state, who, during the years of a depleted treasury, were forced to place their warrants upon the market, and sell them at the best price that could be obtained. . . . Its warrants having been paid, [the state's] legal liability no longer exists. There is testimony to the effect that the governor of the state at the time of the transactions in question told the contractors to look to the state for the difference; but, it is too clear for argument that he had no power to bind the state in such a manner.")


* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/57_Tex._307.pdf#page=15 321] (1882) ("[I]f there be nothing in the laws evidencing a contrary intention, it would probably have to be held that an officer was not entitled to any compensation for such services as it is made his duty to perform, but for which no compensation is provided by law; but as we have already said, art. 257, R. S., does recognize the right of a county attorney to commissions on money collected by him for the state; it, however, fails to fix the rate of such commission, and until the legislature does so, neither the courts nor the interested party, nor any officer of the government, can fix it.")
* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/57_Tex._307.pdf#page=15 321] (1882) ("[I]f there be nothing in the laws evidencing a contrary intention, it would probably have to be held that an officer was not entitled to any compensation for such services as it is made his duty to perform, but for which no compensation is provided by law; but as we have already said, art. 257, R. S., does recognize the right of a county attorney to commissions on money collected by him for the state; it, however, fails to fix the rate of such commission, and until the legislature does so, neither the courts nor the interested party, nor any officer of the government, can fix it.")