Texas Constitution:Article III, Section 56: Difference between revisions

m
no edit summary
mNo edit summary
mNo edit summary
Line 45: Line 45:
* ''City of Fort Worth v. Bobbitt'', 36 S.W.2d 470, [https://texaslegalguide.com/images/036_SW2_470.pdf#page=3 472-73] (Tex. 1931) ("[W]e do not mean to hold that an act general in its nature and terms would be in contravention of the above constitutional provisions, merely because at the time of its passage it only affects one city; in fact we hold to the contrary. We think, however, that an act which is so drawn that by its plain and explicit provisions it is made to apply to one city only in the state, and can never in any contingency apply to any other city, is just as repugnant to the constitutional provisions under discussion as though the name of the city to which the act does apply had been written into the act in the first instance.")
* ''City of Fort Worth v. Bobbitt'', 36 S.W.2d 470, [https://texaslegalguide.com/images/036_SW2_470.pdf#page=3 472-73] (Tex. 1931) ("[W]e do not mean to hold that an act general in its nature and terms would be in contravention of the above constitutional provisions, merely because at the time of its passage it only affects one city; in fact we hold to the contrary. We think, however, that an act which is so drawn that by its plain and explicit provisions it is made to apply to one city only in the state, and can never in any contingency apply to any other city, is just as repugnant to the constitutional provisions under discussion as though the name of the city to which the act does apply had been written into the act in the first instance.")


* ''O'Brien v. Amerman'', 247 S.W. 270, [https://texaslegalguide.com/images/247_SW_270.pdf#page=2 271] (Tex. 1922) ("It is urged in support of the first two grounds of attack that the law was enacted for application by the city of Houston alone, between that port and the Gulf, when the conditions of pilotage were in no wise different there and elsewhere on the state's inland waters. . . . There are such substantial grounds for the classification made that the articles would stand the test of the strictest rule applied in such an inquiry. Classification of pilots' according to port population and municipal terminal facilities, having a reasonable basis and operating uniformly on those coming within the same class, violates no provision of the Constitution. Texas Co. v. Stephens, 100 Tex. 641, 103 S. W. 481.")
* ''O'Brien v. Amerman'', 247 S.W. 270, [https://texaslegalguide.com/images/247_SW_270.pdf#page=2 271] (Tex. 1922) ("It is urged in support of the first two grounds of attack that the law was enacted for application by the city of Houston alone, between that port and the Gulf, when the conditions of pilotage were in no wise different there and elsewhere . . . . There are such substantial grounds for the classification made that the articles would stand the test of the strictest rule applied in such an inquiry. Classification of pilots according to port population and municipal terminal facilities, having a reasonable basis and operating uniformly on those coming within the same class, violates no provision of the Constitution.")


* ''Clark v. Finley'', 54 S.W. 343, [https://texaslegalguide.com/images/054_SW_343.pdf#page=3 345] (Tex. 1899) ("Indeed, it is perhaps the exception when a statute is found which applies to every person or thing alike. . . . The tendency of the recent decisions upon the subject, as it seems to us, is to drift into refinements that are rather more specious than profitable. It is said in some of the cases that the classification must be reasonable; in others, that it must not be unreasonable or arbitrary, etc. If it is meant by this that the legislature cannot evade the prohibition of the constitution as to special laws by making a law applicable to a pretended class, which is, in fact, no class, we concur in the proposition.")
* ''Clark v. Finley'', 54 S.W. 343, [https://texaslegalguide.com/images/054_SW_343.pdf#page=3 345] (Tex. 1899) ("Indeed, it is perhaps the exception when a statute is found which applies to every person or thing alike. . . . The tendency of the recent decisions upon the subject, as it seems to us, is to drift into refinements that are rather more specious than profitable. It is said in some of the cases that the classification must be reasonable; in others, that it must not be unreasonable or arbitrary, etc. If it is meant by this that the legislature cannot evade the prohibition of the constitution as to special laws by making a law applicable to a pretended class, which is, in fact, no class, we concur in the proposition.")