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

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Texas Constitution:Article III, Section 56 (view source)

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* ''Lytle v. Halff'', 12 S.W. 610, [https://texaslegalguide.com/images/012_SW_610.pdf#page=5 614] (Tex. 1889) ("Every law fixing the territory which shall constitute a judicial district is necessarily local in its character, but the power of the legislature to do this is expressly recognized. The creation of two judicial districts in a county operates no further towards the regulation of the affairs of the county than does the establishment of one, and it seems to us that the act in question is not within the meaning of the constitution on regulating the affairs of a county; for that paragraph of the section referred to has application to such affairs as are common to all the subdivisions of the state referred to in it.")
* ''Lytle v. Halff'', 12 S.W. 610, [https://texaslegalguide.com/images/012_SW_610.pdf#page=5 614] (Tex. 1889) ("Every law fixing the territory which shall constitute a judicial district is necessarily local in its character, but the power of the legislature to do this is expressly recognized. The creation of two judicial districts in a county operates no further towards the regulation of the affairs of the county than does the establishment of one, and it seems to us that the act in question is not within the meaning of the constitution on regulating the affairs of a county; for that paragraph of the section referred to has application to such affairs as are common to all the subdivisions of the state referred to in it.")


* ''Johnson v. Martin'', 12 S.W. 321, [https://texaslegalguide.com/images/012_SW_321.pdf#page=? 321] (Tex. 1889) ("The appellees also contend that the Acts of 1883 and 1879 are in conflict with section 56, article 3, of the Constitution. The section declares that the Legislature shall not, except as otherwise provided, pass any local or special law 'regulating the affairs of counties, cities, towns, wards, or school districts,' etc. Section 1 of the Act of 1879 authorized the Governor to appoint public weighers for Galveston, Houston, Sherman, Dallas, Austin, and Waco, and at other incorporated cities or towns, as in the judgment of the Governor might be expedient. Section 1 of the amended Act of 1883, as has been seen, required the Governor to appoint in every city which receives annually over one hundred thousand bales of cotton on sale or for shipment; and in cities, towns, or railroad stations which receive less than one hundred thousand bales of cotton annually a discretion is given to the Commissioners Court to order an election by the qualified voters of each county for the election of a public weigher. Plaintiff instituted suit as an elected public weigher. There can be no question that the portion of the Act of 1883 under which plaintiff was elected is not in violation of the section of the Constitution quoted above. It is- a general law, as we think is the entire section, and it does not attempt to regulate any of the affairs of any particular county, town, or city.")
* ''Johnson v. Martin'', 12 S.W. 321, [https://texaslegalguide.com/images/012_SW_321.pdf#page=? 321] (Tex. 1889) ("The appellees also contend that the Acts of 1883 and 1879 are in conflict with section 56, article 3, of the Constitution. The section declares that the Legislature shall not, except as otherwise provided, pass any local or special law 'regulating the affairs of counties, cities, towns, wards, or school districts,' etc. . . . . Section 1 of the amended Act of 1883, as has been seen, required the Governor to appoint in every city which receives annually over one hundred thousand bales of cotton on sale or for shipment; and in cities, towns, or railroad stations which receive less than one hundred thousand bales of cotton annually a discretion is given to the Commissioners Court to order an election by the qualified voters of each county for the election of a public weigher. Plaintiff instituted suit as an elected public weigher. There can be no question that the portion of the Act of 1883 under which plaintiff was elected is not in violation of the section of the Constitution quoted above. It is a general law, as we think is the entire section, and it does not attempt to regulate any of the affairs of any particular county, town, or city.")


* ''Beyman v. Black'', 47 Tex. 558, [https://texaslegalguide.com/images/047_Tex_558.pdf#page=9 566] (1877) (citation omitted) ("Indeed, it has not been argued that the act violates any of the [specific] provisions of the constitutional amendments of January, 1874, forbidding . . . and that 'the Legislature shall pass general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws.' Even if the law could be regarded as a local or special act, its passage would be taken as the judgment of the Legislature, that the case was not one which could be provided for by a general law, and their decision is conclusive of that question.")
* ''Beyman v. Black'', 47 Tex. 558, [https://texaslegalguide.com/images/047_Tex_558.pdf#page=9 566] (1877) (citation omitted) ("Indeed, it has not been argued that the act violates any of the [specific] provisions of the constitutional amendments of January, 1874, forbidding . . . and that 'the Legislature shall pass general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws.' Even if the law could be regarded as a local or special act, its passage would be taken as the judgment of the Legislature, that the case was not one which could be provided for by a general law, and their decision is conclusive of that question.")
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