Note that your Internet Protocol ("IP") address will be publicly visible if you make an edit.
The edit can be undone.
Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision |
Your text |
Line 115: |
Line 115: |
|
| |
|
| court of appeals ex parte wilson 1883 | | court of appeals ex parte wilson 1883 |
| In answer to this provision we call attention to the language of
| |
| the first paragraph of Sec. 56. It is in these words : "The Legislature shall not, except as otherwise provided in this constitution, pass
| |
| any local or special law" upon the subject therein prohibited- Now,
| |
| in Sec. 5 of Art. II of the constitution it is provided that, "cities
| |
| having more than ten thousand inhabitants, may have their charters
| |
| granted or amended by special act of the Legislature," etc. This
| |
| provision is of equal and binding force with Sec. 56 of Art. III; they
| |
| are both parts of the constitution; are not inconsistent, but entirely
| |
| harmonious, and capable of being construed together, because Sec.
| |
| 56 provides that where the constitution itself prescribes a different
| |
| rule from the one therein provided, its provisions shall not control to
| |
| prevent the passage by special law of any act of the Legislature
| |
| with regard to any of the subjects therein mentioned. The constitution does "otherwise provide" with regard to the charter of cities
| |
| having more than ten thousand inhabitants, and we presume that the
| |
| 452 EX PARTE WILSON.
| |
| Legislature was satisfied of the fact that the city of Dallas had the
| |
| requisite population, or it would not have passed the special law
| |
| amending the city charter. In our opinion, the constitutional objection to the amended charter is not tenable.
| |
| But it is urged against the ordinance under whi
| |