Texas Constitution:Article XVI, Section 11: Difference between revisions

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* ''Watts v. Mann'', 187 S.W.2d 917, [https://cite.case.law/pdf/10220137/Watts%20v.%20Mann,%20187%20S.W.2d%20917%20(1945).pdf#page=7 923] (Tex.Civ.App.–Austin 1945, ref'd) ("The portion of the section we are now considering reads: 'the first Legislature after this amendment is adopted, shall provide appropriate pains and penalties to prevent the same.' This is in no sense the language of a grant of power; nor by implication or otherwise a limitation upon or inhibition against use of power. It was, what its language implies, and implies only, a mandate or direction to the legislature . . . . The application of this holding to the instant issue is obvious and requires no elucidation. Sec. 11 of Art. 16 imposes no inhibition against the enactment of the Loan Act. If it is invalid, it must be held so upon some other ground.")
* ''Watts v. Mann'', 187 S.W.2d 917, [https://texaslegalguide.com/images/187_SW2_917.pdf#page=7 923] (Tex.Civ.App.–Austin 1945, ref'd) ("The portion of the section we are now considering reads: 'the first Legislature after this amendment is adopted, shall provide appropriate pains and penalties to prevent the same.' This is in no sense the language of a grant of power; nor by implication or otherwise a limitation upon or inhibition against use of power. It was, what its language implies, and implies only, a mandate or direction to the legislature . . . . The application of this holding to the instant issue is obvious and requires no elucidation. Sec. 11 of Art. 16 imposes no inhibition against the enactment of the Loan Act. If it is invalid, it must be held so upon some other ground.")


* ''Ex Parte Hughes'', 129 S.W.2d 270, 274 (Tex. 1939) ("Our courts of equity, as such, have no jurisdiction to entertain suits to enjoin the commission of acts merely because such acts constitute crimes or penal offenses under penal laws. This is because equity is not concerned with the enforcement of penal or criminal . . . . There is no contention that any constitutional or statutory law directly authorizes an equity action by the State to enforce our usury laws. Also, there is no law, constitutional or statutory, that defines the violation of such laws as an injury to the property or civil rights of the public at large. To the contrary, as we will later demonstrate, our usury laws very carefully create only private rights.")
* ''Ex Parte Hughes'', 129 S.W.2d 270, 274 (Tex. 1939) ("Our courts of equity, as such, have no jurisdiction to entertain suits to enjoin the commission of acts merely because such acts constitute crimes or penal offenses under penal laws. This is because equity is not concerned with the enforcement of penal or criminal . . . . There is no contention that any constitutional or statutory law directly authorizes an equity action by the State to enforce our usury laws. Also, there is no law, constitutional or statutory, that defines the violation of such laws as an injury to the property or civil rights of the public at large. To the contrary, as we will later demonstrate, our usury laws very carefully create only private rights.")