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

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Anderson: "The rule applicable in such cases is thus stated in Lewis' Sutherland, Statutory Construction (2d Ed.), vol. 1, sec. 306, as follows: 'If, by striking out a void exception, proviso or other restrictive clause, the remainder, by reason of its generality, will have a broader scope as to subject or territory, its operation is not in accord with the legislative intent, and the whole would be affected and made void by the validity of such part.'"
Anderson: "The rule applicable in such cases is thus stated in Lewis' Sutherland, Statutory Construction (2d Ed.), vol. 1, sec. 306, as follows: 'If, by striking out a void exception, proviso or other restrictive clause, the remainder, by reason of its generality, will have a broader scope as to subject or territory, its operation is not in accord with the legislative intent, and the whole would be affected and made void by the validity of such part.'"
Smith: "However, if we were to hold that without the population restriction, the statute is now applicable to all counties in Texas alike, we would be, in effect, invading the legislative field. This we do not propose to do."