Texas Constitution:Article III, Section 56: Difference between revisions
Jump to navigation
Jump to search
mNo edit summary |
mNo edit summary |
||
| Line 87: | Line 87: | ||
* ''Smith v. State'', 113 S.W. 289, [https://texaslegalguide.com/images/113_SW_289.pdf#page=12 300] (Tex.Crim.App. 1908) (P.J. Davidson, dissenting) ("I am persuaded that no case can be found in the reports which holds a law to be general which failed to provide for and anticipate the wants of the future. On the contrary, whenever the question has arisen, every court has held a law special which created a classification which was arbitrary or illusive, and which operated upon unchangeable conditions and failed to provide for future localities or objects to come within the class, no matter how ingenious the evasion employed to make a special law assume the guise of a general law may have been.") | * ''Smith v. State'', 113 S.W. 289, [https://texaslegalguide.com/images/113_SW_289.pdf#page=12 300] (Tex.Crim.App. 1908) (P.J. Davidson, dissenting) ("I am persuaded that no case can be found in the reports which holds a law to be general which failed to provide for and anticipate the wants of the future. On the contrary, whenever the question has arisen, every court has held a law special which created a classification which was arbitrary or illusive, and which operated upon unchangeable conditions and failed to provide for future localities or objects to come within the class, no matter how ingenious the evasion employed to make a special law assume the guise of a general law may have been.") | ||
* ''Reed v. Rogan'', 59 S.W. 255, [https://texaslegalguide.com/images/059_SW_255.pdf#page= | * ''Reed v. Rogan'', 59 S.W. 255, [https://texaslegalguide.com/images/059_SW_255.pdf#page=3 257-58] (Tex. 1900) ("It has been well said that 'a law is not local that operates upon a subject in which the people at large are interested.' Healey v. Dudley, 5 Lans. 115. The sales of the school lands of the State may be a matter of especial [sic] importance to the people who reside in the localities where they are situate. They are none the less a matter of interest to the people in general and to the State itself. Not only is the school fund . . . . The simple solution of the question is that the people of the State–its public–are interested in the property of the State, and that a law which provides for its sale is a general and public law.") | ||
* ''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.") | ||