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Texas Constitution talk:Article XI, Section 5 (edit)
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In re Mayor of New York, 246 N.Y. 72, 76 (1927) (author: Cardozo, C.J.) ("Home Rule for cities, adopted by the people with much ado and after many years of agitation, will be another Statute of Uses, a form of words and little else, if the courts in applying, the [new constitutional standard regarding the validity of local and special laws] shall ignore the new spirit that dictated their adoption. The municipality is to be protected in its autonomy against the inroads of evasion.") | |||
Article 11, Section 5 of the State Constitution, Vernon's Ann. St. confers upon cities of over 5,000 inhabitants the power to adopt or amend their charters subject to such limitations as may be prescribed by the Legislature. Among the enumerated powers granted to these cities by the Legislature is 'The power to fix the boundary limits of said city, to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, according to such rules as may be provided by said charter.' Vernon's Ann.Civ.Stat., art. 1175, subd. 2. The only limitation fixed by the Legislature on the power of a city to annex additional territory is that the territory shall be adjacent to the city and not included within the boundaries of any other municipality. City of Houston v. State ex rel. City of West University Place, 142 Tex. 190, 176 S.W.2d 928. | Article 11, Section 5 of the State Constitution, Vernon's Ann. St. confers upon cities of over 5,000 inhabitants the power to adopt or amend their charters subject to such limitations as may be prescribed by the Legislature. Among the enumerated powers granted to these cities by the Legislature is 'The power to fix the boundary limits of said city, to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, according to such rules as may be provided by said charter.' Vernon's Ann.Civ.Stat., art. 1175, subd. 2. The only limitation fixed by the Legislature on the power of a city to annex additional territory is that the territory shall be adjacent to the city and not included within the boundaries of any other municipality. City of Houston v. State ex rel. City of West University Place, 142 Tex. 190, 176 S.W.2d 928. | ||
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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 | |||