Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 657
viii, 704 p. ; 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
1875.] BLESSING V. THE CITY OF GALVESTON. 657
Opinion of the Court.
difficulty as well as danger in holding that the judicial department
may go behind the final and concluding if not conclusive
evidence provided in the Constitution for authentication of all
bills passed by the Legislature, this is altogether a different
question from that presented by the proposition that the court
may disregard the bill, though passed by the requisite majority,
because of some irregularity in some preliminary order of
business, or through failure of either house in keeping a full
and accurate journal of its proceedings. To do so would, in
our opinion, lead to most disastrous consequences. (Cooley,
Const. Limr., 191, 192, and cases cited in notes.)
If we were to treat the signature of the speaker and president
of the two houses, the approval of the Governor, and the record
of the act in the department of State, as merely prima facie
evidence of its validity, the irregularities or mere omissions
shown by the journals, as insisted upon by appellant's counsel,
would not warrant the conclusion that it had not been duly and
legally enacted by the Legislature. Looking at the journals
alone, it can only be said, at most, that there is some doubt
whether the act as approved by the Governor had been passed
by the Legislature in manner and form as directed iiin the Constitution.
Evidently this would not rebut the presumption in
favor of the law from the signature of speaker and president,
though no weight should be given to the action of the executive
department, whose opportunity of correct information of
the action of the Legislature is certainly much better than that
of the judicial department, and to whom it is equally as important
for the correct discharge of its own constitutional functions
and duties.
No principle of law is more clearly or firmly settled than that
public or municipal corporations, established for public purposes,
such as the administration of local or civil government,
are not in the nature of contracts between the State and the
corporation, and that their charters may be annulled and revoked
at the will and pleasure of the Legislature, as it deems
the public good may require. "It is," said Justice Nelson,
42
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/665/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .