Texas Constitution talk:Article XI, Section 5: Difference between revisions

Texas Constitution talk:Article XI, Section 5 (edit)

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 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.
+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
+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