Texas Constitution:Article IV, Section 1: Difference between revisions

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* ''Day Land & Cattle Co. v. State'', 4 S.W. 865, [https://texaslegalguide.com/images/Vol_004_SWR_865.pdf#page=3 867] (Tex. 1887) ("It may be that, in the exercise of the general powers conferred upon the governor of the state, as its chief executive officer, he would have the power to require the attorney general to institute, or to cause to be instituted, a suit of this character, when in his judgment the welfare of the state required it, even though the legislature had not so directed; but, in a government in which the duties of all officers, as well as their powers, are defined by written law, no power ought to be exercised for which warrant is not there found.")
* ''Day Land & Cattle Co. v. State'', 4 S.W. 865, [https://texaslegalguide.com/images/Vol_004_SWR_865.pdf#page=3 867] (Tex. 1887) ("It may be that, in the exercise of the general powers conferred upon the governor of the state, as its chief executive officer, he would have the power to require the attorney general to institute, or to cause to be instituted, a suit of this character, when in his judgment the welfare of the state required it, even though the legislature had not so directed; but, in a government in which the duties of all officers, as well as their powers, are defined by written law, no power ought to be exercised for which warrant is not there found.")


* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/57_Tex._307.pdf#page=4 310-11] (1882) ("[T]he officers of the different departments are to a very large extent independent of and free from the control of the heads of other departments, yet in the very nature of things, in the details of business, occasions will and do arise, where officers of the executive department do and ought to exercise a power at least advisory over some officers, who, although classed in a different department, exercise powers in fact partaking more of the character of executive power than of judicial power; among these are district and county attorneys, sheriffs and constables.")
* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/057_Tex_307.pdf#page=4 310-11] (1882) ("[T]he officers of the different departments are to a very large extent independent of and free from the control of the heads of other departments, yet in the very nature of things, in the details of business, occasions will and do arise, where officers of the executive department do and ought to exercise a power at least advisory over some officers, who, although classed in a different department, exercise powers in fact partaking more of the character of executive power than of judicial power; among these are district and county attorneys, sheriffs and constables.")


* ''Texas v. Cook'', 57 Tex. 205, [https://cite.case.law/pdf/2177561/State%20v.%20Cook,%2057%20Tex.%20205%20(1882).pdf#page=4 208] (1882) ("The point was made below, and is presented here, that the act authorizing the suit made no provision for service, and that in the absence of some such provision, service on the governor of the state was insufficient. We entertain no doubt that the court was authorized to treat this as good service. No statutory mode having been provided for bringing the state into court, it was competent for the court to recognize service on the chief executive officer of the state, or the attorney general, the legal representative of the state, as sufficient. Wheeler ''v''. State, 8 Tex., 230.")
* ''Texas v. Cook'', 57 Tex. 205, [https://cite.case.law/pdf/2177561/State%20v.%20Cook,%2057%20Tex.%20205%20(1882).pdf#page=4 208] (1882) ("The point was made below, and is presented here, that the act authorizing the suit made no provision for service, and that in the absence of some such provision, service on the governor of the state was insufficient. We entertain no doubt that the court was authorized to treat this as good service. No statutory mode having been provided for bringing the state into court, it was competent for the court to recognize service on the chief executive officer of the state, or the attorney general, the legal representative of the state, as sufficient. Wheeler ''v''. State, 8 Tex., 230.")


* ''Houston Tap & B. Ry. Co. v. Randolph'', 24 Tex. 317, [https://texaslegalguide.com/images/24_Tex._317.pdf#page=27 343] (1859) ("This being the case in the United States government, results in the entire unity of its executive department. The absence of that absolute power of the chief executive in this state, must occasionally produce a want of harmony in the executive administration, by the inferior officers of that department, declining to comply with the wishes, or to follow the judgment of the governor. That is an inherent difficulty in the organization of that department, and the conflicts arising out of it, cannot be adjudicated or settled by the judiciary.")
* ''Houston Tap & Brazoria Ry. Co. v. Randolph'', 24 Tex. 317, [https://texaslegalguide.com/images/024_Tex_317.pdf#page=27 343] (1859) ("This being the case in the United States government, results in the entire unity of its executive department. The absence of that absolute power of the chief executive in this state, must occasionally produce a want of harmony in the executive administration, by the inferior officers of that department, declining to comply with the wishes, or to follow the judgment of the governor. That is an inherent difficulty in the organization of that department, and the conflicts arising out of it, cannot be adjudicated or settled by the judiciary.")


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[[Category:TxCon ArtIV Sec]]
[[Category:TxCon ArtIV Sec]]