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

Texas Constitution talk:Article III, Section 56 (edit)

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 Water Closets veto: https://lrl.texas.gov/scanned/vetoes/12/CS1/HB167.pdf
-Felton v. Johnson, 247 S.W. 837, 840 (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.")
+Cf. Felton v. Johnson, 247 S.W. 837, 840 (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.").
+Cf. Cannon v. Hemphill, 7 Tex. 184, 208 (1851) ("The 34th section of article 7 of the Constitution declares, that 'every law enacted by the Legislature shall have but one object, and that shall he expressed in the title.' The object of this act is single, and is expressed in the title; and its provisions cannot be construed to regulate proceedings in any other in the District Courts. Such is the inevitable result of the constitutional provision, and such its force and effect, if it be mandatory, and not directory, in its character. The consequences of such a restriction on legislative discretion and power, of the application of such a test of the validity of special provisions, years, nay ages, after their passage, and after rights under them have accrued, maybe very inconvenient and destructive. But such results were for the consideration of the convention; and, in their wisdom, such restriction was deemed salutary and proper. It would he irrational to suppose that this provision of the Constitution is merely a directory one, which may be obeyed or disregarded at the will and caprice of the Legislature. Under such construction, it would be shorn of its strength and efficacy—would become a dead letter—a mere excrescence in the Constitution.").
 ==houston==