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

no edit summary
No edit summary
No edit summary
Line 17: Line 17:
* ''Austin Nat'l Bank v. Sheppard'', 71 S.W.2d 242, [https://texaslegalguide.com/images/071_SW2_242.pdf#page=4 245] (Tex. 1934) ("By its express words the constitutional provision under consideration in no uncertain terms prohibits . . . . We interpret this to mean that the Legislature cannot appropriate state money to 'any individual' unless, at the very time the appropriation is made, there is already in force some valid law constituting the claim the appropriation is made to pay a legal and valid obligation of the state. By legal obligation is meant such an obligation as would form the basis of a judgment against the state in a court of competent jurisdiction in the event it should permit itself to be sued.")
* ''Austin Nat'l Bank v. Sheppard'', 71 S.W.2d 242, [https://texaslegalguide.com/images/071_SW2_242.pdf#page=4 245] (Tex. 1934) ("By its express words the constitutional provision under consideration in no uncertain terms prohibits . . . . We interpret this to mean that the Legislature cannot appropriate state money to 'any individual' unless, at the very time the appropriation is made, there is already in force some valid law constituting the claim the appropriation is made to pay a legal and valid obligation of the state. By legal obligation is meant such an obligation as would form the basis of a judgment against the state in a court of competent jurisdiction in the event it should permit itself to be sued.")


* ''Rhoads Drilling Co. v. Allred'', 70 S.W.2d 576, [https://texaslegalguide.com/images/070_S.W.2d_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/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.")